Fred J. Pettid - Page 31




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                  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.                               





















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Last modified: May 25, 2011