Forest R. Preston - Page 13




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          spent in 1993 for Ms. Sowell's medical bill, $464 spent in 1993             
          for Ms. Sowell's medical bill, $86 spent in 1993 for Ms. Sowell's           
          bill, $566 spent in 1993 for Ms. Sowell's car expense, and $1,647           
          spent in 1994 for Ms. Sowell's dentist--we hold that these                  
          amounts, but for the $2,204, $566 and $1,647 amounts, are                   
          deductible as alimony.5  The deductible amounts, which aggregate            
          $1,878 and $5,014 for 1992 and 1993, respectively, were paid to             
          (or for the benefit of) Ms. Sowell's maintenance, and, naturally,           
          petitioner's obligation to make these payments would have ceased            
          upon Ms. Sowell's death.6  The $2,204 and $566 amounts are not              
          deductible because petitioner did not pay these amounts in cash,            
          as is required by section 71(b)(1).  Petitioner "paid" these                
          amounts to Ms. Sowell by agreeing to pay these charges in the               
          future.  The $1,647 amount is not deductible because we are                 
          unable to find that it was paid pursuant to a divorce or                    


               5 There are other amounts--$447 spent in 1992 for a drug               
          bill, $666 spent in 1992 for miscellaneous expenses, $3,133 spent           
          in 1992 for health insurance for Ms. Sowell and the children, $22           
          spent in 1993 for reimbursement, $142 spent in 1993 for a drug              
          bill, $2,222 spent in 1993 for health insurance for Ms. Sowell              
          and the children, and $2,048 spent in 1994 to pay a loan on Ms.             
          Sowell's insurance policy--for which we are unable to determine             
          what, if any, amount was paid with respect to Ms. Sowell.  (We              
          also note that the $2,048 amount was not required by either the             
          temporary order or the divorce decree.)  As petitioner bears the            
          burden of proof, we must sustain respondent's disallowance of               
          these amounts.                                                              
               6 Whereas petitioner's payments for Ms. Sowell's car                   
          expenses are deductible as alimony, petitioner's payments in                
          satisfaction of his obligation to buy her a car are not.  As we             
          read the final decree, petitioner's obligation to buy the car               
          would not have terminated upon Ms. Sowell's death.  If Ms. Sowell           
          had died before petitioner had bought her the car, petitioner               
          would have had to buy the car for the benefit of her estate.                


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