Gordon B. Cologne - Page 10




                                       - 10 -                                         

               The allocation of the liability for the 1993 income taxes              
          between petitioner and Ms. Cologne was based on their relative              
          incomes for the year.  Petitioner has not shown that the                    
          allocation was based on their relative needs, standards of                  
          living, or earning capacities when the taxes would be paid or on            
          any other factors normally taken into consideration in                      
          determining support.  The agreement provided that petitioner                
          would be reimbursed for Ms. Cologne's smaller share out of the              
          net proceeds, if any, of the sale of the residence remaining                
          after other debts were paid.  The division of the couple's tax              
          liabilities is in the nature of a property settlement, rather               
          than a provision for the future support of Ms. Cologne.                     
          Accordingly, section 4337 of the California Family Code (West               
          1994) does not operate to terminate these payments at                       
          Ms. Cologne's death, and the requirement of section 71(b)(1)(D)             
          is not met.  Petitioner is not entitled to an alimony deduction             
          for the payments of his former spouse's 1993 Federal and State              
          income tax liabilities.                                                     
               Payment of Utilities for Wisconsin Property                            
               Pursuant to the agreement, petitioner and Ms. Cologne owned            
          the Wisconsin property as joint tenants with right of                       
          survivorship.  Both had the right of use and possession of the              
          property, and his liability for utility bills would be continued            
          after her death.  While she occupied the property, however, the             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011