Antonio T. Croteau - Page 8

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          testimony on which we are unwilling to rely, there is no evidence           
          in the record to support petitioner's claim as to that $1,000               
          payment.  Consequently, in the event that the Court were to                 
          decide that petitioner is entitled to deduct under section 215(a)           
          all or a portion of the payments that he made to or on behalf of            
          Ms. Croteau during 1993, the maximum amount of such a deduction             
          would be $32,892.                                                           
               We shall now address whether petitioner has established that           
          his liability to make the payments at issue terminated upon the             
          death of Ms. Croteau because resolution of that question will be            
          dispositive of the issue presented under section 215(a).  The               
          agreement is silent as to whether petitioner was liable to make             
          the payments at issue after the death of Ms. Croteau.  Conse-               
          quently, we must look to the effect of State law on that ques-              
          tion.  See Hoover v. Commissioner, 102 F.3d 842, 846-847 (6th               
          Cir. 1996), affg. T.C. Memo. 1995-183; Sampson v. Commissioner,             
          81 T.C. 614, 618 (1983), affd. without published opinion 829 F.2d           
          39 (6th Cir. 1987).                                                         
               Cal. Civ. Code sec. 4801(b) (West 1983), repealed by 1992              
          Cal. Stat. 162, sec. 3 (effective Jan. 1, 1994), provides:                  
                    (b) Effect of Death or Remarriage.  Except as                     
               otherwise agreed by the parties in writing, the obliga-                
               tion of any party under any order or judgment for the                  
               support and maintenance of the other party shall termi-                
               nate upon the death of either party or the remarriage                  
               of the other party.                                                    
          If the payments at issue were for the support and maintenance of            




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