Eleanor A. Burkes - Page 13

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          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.                        




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