- 7 - Ellis v. Commissioner, T.C. Memo. 1973-152. In the present case, Ms. Marten was the primary beneficiary and the named owner of the $750,000 policy. Ms. Marten had sole power to change the beneficiary on the policy. Thus, the premium payments were paid by Mr. Lane in discharge of a legal obligation because of the marital or family relationship. We conclude that the premium payments satisfy all of the elements of section 71(a) and constitute alimony. Ms. Marten must include the premium payments in income, and Mr. Lane is entitled to deduct the premium payments. Ms. Marten argues that the $750,000 policy was intended to provide for Niklas’ support and thus cannot be alimony. According to former section 71(b), payments fixed as support for minor children were not alimony. In Commissioner v. Lester, 366 U.S. 299, 301 (1961), the U.S. Supreme Court held that in order for a divorce decree to “fix” an amount as child support under former section 71(b) the decree must expressly specify or fix the amount of each payment which is for child support. The Court held that absent such an express allocation, the entire payment is alimony and taxable to the wife. See Commissioner v. Lester, supra.3 3 Although Congress modified the result in Commissioner v. Lester, 366 U.S. 299 (1961), by the amendments to sec. 71 (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
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