- 8 - to examine what effects, if any, are made by operation of State law. If Congress had intended for us to look beyond the written instrument, it would have amended section 71(c)(1) to so reflect. Indeed, Congress has addressed the issue of whether alimony can be determined through operation of law. Section 71(b)(1)(D), as originally enacted, provided that for a payment to be considered alimony, the divorce instrument must state that there was no liability to make a payment after the death of the payee spouse.4 This language was deleted in 1986, and section 71(b)(1)(D) now provides that if the other requirements are met, a payment may be alimony if State law terminates the payor's liability at the death of the payee spouse. See Cunningham v. Commissioner, T.C. Memo. 1994-474. If Congress had intended that child support payments be fixed by operation of law, it certainly could have amended the language of section 71(c)(1) to accomplish this goal much like it did with the language of section 71(b)(1)(D). We conclude, therefore, that because the court order does not specifically fix a portion of the $718 monthly payment as 4See Deficit Reduction Act of 1984 (DEFRA), Pub. L. 98-369, sec. 422(a), 98 Stat. 793, 795-796. DEFRA also enacted sec. 71(c)(1) which required the divorce or separation instrument to fix the amount of child support. This provision was formerly contained in sec. 71(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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