- 31 - Accordingly, by operation of Neb. Rev. Stat. section 42-365, the payments described by paragraph 1.f) of the Annulment Agreement terminate upon the death of Ms. Wagner. Thus, the payments constitute "alimony" under section 71(b) because "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" as required by section 71(b)(1)(D). Therefore, we find that the subject payments constitute “alimony or separate maintenance payments” within the meaning of section 71(b) and are deductible under section 215(a). To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Last modified: May 25, 2011