- 14 - made by petitioner satisfy the requirement under section 71(b)(1)(D). Petitioner argues that the payments are alimony made pur- suant to the separation agreement. No explanation was given for the discrepancy between the amount paid ($2,400) and that called for in the separation agreement ($300 per month). Respondent contends that the payments made by petitioner relate to the $12,000 debt to Mary Walker pursuant to paragraph 4 of the separation agreement, and therefore the payments are in the nature of a property settlement or the repayment of a loan and not deductible by petitioner. Generally, we resolve questions as to whether payments are "alimony" or something other than alimony on the basis of all the facts and circumstances of the particular case, including the terms of the spouses' separation agreement or divorce decree. Jacklin v. Commissioner, 79 T.C. 340, 351-352 (1982). In the instant case, we are unpersuaded by respondent's argument that the payments relate to the $12,000 liability mentioned in paragraph 4 of the separation agreement. The separation agreement indicates that the liability was to be satisfied from proceeds received on the sale of the Walkers' marital home in Arkansas, as petitioner contends, and that the repayment was to be invested in a retirement fund on Mary Walker's behalf. Further, there is no evidence to suggest that the paymentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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