- 13 - 1990 and $8,217 for 1991. Ms. Burkes argues that the temporary support order, which was in effect until the beginning of November 1990, did not require payment of the auto loan. Mr. Burkes' concession is likely based on his evaluation of Ms. Burkes' argument that the final divorce decree did not become effective until the latter part of 1990. Ms. Burkes argues that these payments were a division of property as opposed to being support alimony, and, accordingly, those payments would not meet the section 71(b)(1)(D) test that the payments cease at Ms. Burkes' death. For the same reasons we set forth in our discussion of the attorney's fees question, the payments on the automobile loan constitute support alimony and not a division of property. Therefore, Mr. Burkes is entitled to deduct from income, and Ms. Burkes is required to include in income $648.75 for 1990 and $8,217 for 1991, attributable to Mr. Burkes' payments on the automobile loan. Respondent also disallowed the $8,217 payment on the automobile loan claimed by Mr. Burkes for 1989. Mr. Burkes conceded, on brief, that the $8,217 amount is not allowable as an alimony deduction for 1989. 6(...continued) this case, we accept $648.75 as used by the parties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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