- 8 - determination, respondent focuses on when the payments at issue were scheduled to terminate. First, respondent contends that the payments made by petitioner fail to qualify as alimony because the family support payments were not set to terminate upon the death of Ms. Wells, as required by section 71(b)(1)(D). In addition, respondent, relying on section 71(c)(2), asserts that the payments were nondeductible child support payments, because the Modified MTA made the “cessation of the payments contingent upon events which are associated with petitioner's children.” Petitioner, on the other hand, argues that the payments at issue were deductible alimony. Petitioner asserts that his payments satisfied section 71(b)(1)(D) because, under California law, the obligation for support terminates automatically upon the death of either party or the remarriage of the recipient. Moreover, petitioner contends that his payments met the definition of alimony because the Modified MTA failed to fix any amount as child support, as required by section 71(c)(2) and Commissioner v. Lester, 366 U.S. 299 (1961). Evidentiary Matters As a preliminary matter, we must make rulings on evidentiary matters. Respondent moved, pursuant to Rule 50, for the Court to “exclude all extrinsic evidence, including, but not limited to, the testimony of petitioner and the testimony of * * * [Mr. Young] which pertains to the intended character and/or amount ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011