- 10 - (presumably a residence) to Ms. Burkes and requiring her to pay the mortgage, taxes, and insurance on the property. Accordingly, there is little room for doubt that the pattern of judgment entries here designates those items that are alimony and those that are part of the property settlement. Having made that distinction, we must consider whether, under Ohio law the requirement to pay support alimony extends beyond the death of the payee. If it does not, then the attorney's fees payments meet the requirements of section 71(b)(1)(D) and are deductible by Mr. Burkes and includable by Ms. Burkes. Under Ohio law there is no liability to make alimony support payments for any period after the death of the payee spouse. See Ohio Rev. Code Ann. sec. 3105.18(B) (Anderson 1996), and predecessor sections. Having decided that the $60,000 constitutes alimony within the meaning of section 71, we must address Ms. Burkes' secondary argument that she did not receive any of the $60,000 in attorney's fees until 1991. In that regard, Mr. Burkes deducted $55,636 as alimony, representing attorney's fees, for 1990 and $4,364 for 1991. Ms. Burkes reported neither of those amounts, and respondent determined that Ms. Burkes should have included the $55,636 for 1990 and $4,364 for 1991. Ms. Burkes' position is one of constructive receipt in that she argues that because the attorney's fees were obtained by means of a judgment and garnishment of Mr. Burkes' funds and were received late in 1990Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011