Alexandra M. Medlin - Page 9

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            party on behalf of the payee spouse pursuant to the terms of the                            
            divorce or separation instrument qualifies as alimony or a                                  
            separate maintenance payment.                                                               
                  Burley argues that the only logical way for him to satisfy                            
            the obligations in issue was by making cash payments to third                               
            parties.  Respondent agrees that the Agreement "necessarily                                 
            authorized cash payments to third parties to effect its                                     
            provisions."  Alexandra argues that the pertinent provisions of                             
            the Agreement do not expressly provide for Burley to make any                               
            cash payments to her or on her behalf.                                                      
                  Clearly, the cash payments in issue meet the conditions                               
            under which cash payments to a third party may satisfy section                              
            71(b)(1)(A).  First, we find that the cash payments were made                               
            "under" the Agreement.  Burley would not have caused the                                    
            dealership to make the cash payments but for the terms of the                               
            Agreement.  Second, we find that the cash payments were made "on                            
            behalf of" Alexandra because they were made with respect to                                 
            property and services used solely by Alexandra.  Third, we find                             
            that the cash payments were not made to maintain property owned                             
            by Burley.  He had no ownership interest in the leased automobile                           
            or in the medical insurance policy.  Cf. sec. 1.71-1T(b), Q&A6,                             
            Temporary Income Tax Regs., 49 Fed. Reg. 34455 (Aug. 31, 1984).                             
            Section 71(b)(1)(B)                                                                         
                  Alexandra argues that the payments made with respect to the                           
            automobile do not satisfy section 71(b)(1)(B) because the parties                           




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