Fred J. Pettid - Page 23




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                                 (D) there is no liability to make                    
                            any such payment for any period after                     
                            the death of the payee spouse and there                   
                            is no liability to make any payment (in                   
                            cash or property) as a substitute for                     
                            such payments after the death of the                      
                            payee spouse.                                             

             If the payments made by petitioner fail to meet each of the              
             four criteria enumerated by section 71(b)(1), then the                   
             payments are not "alimony or separate maintenance payments"              
             and are not deductible by petitioner under section 215(a).               
                  As stated in respondent's reply brief, "Both                        
             petitioner and respondent agree that payments made by                    
             petitioner meet the requirements contained in I.R.C. sec.                
             71(b)(1)(A), (B), and (C)."  Therefore, the sole question                
             remaining is whether the subject payments satisfy the                    
             requirements of subparagraph (D).                                        
                  Respondent takes the position that the requirements                 
             of subparagraph (D) are not satisfied for the following two              
             reasons:  "First, there is no reference in the Annulment                 
             Agreement which requires the termination of the support                  
             payments upon Wagner's death.  Second, there appears to                  
             be a specific requirement in the agreement for Pettid to                 
             continue the payments should Wagner die."                                
                  Contrary to respondent's first position, we conclude                
             that petitioner's liability to make payments under para-                 
             graph 1.f) of the Annulment Agreement terminates upon                    





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