Renee B. Simpson - Page 10




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          divorce decree did not fix certain portion of payments as child             
          support).                                                                   
               Here, Mr. Simpson made payments toward the delinquent                  
          utility bill that accrued after he left the marital residence.              
          The utility payments were for expenses incurred for the family              
          home.  We have held that payments by a former husband for                   
          utilities on a family home, which he made in support of his                 
          former wife and children, were alimony.  See Graham v.                      
          Commissioner, supra.  This is true even if the husband was                  
          contractually obligated to the utility companies to make the                
          payments.  See Zampini v. Commissioner, T.C. Memo. 1991-395.                
               Accordingly, to the extent Mr. Simpson actually made the $70           
          monthly payments for delinquent utilities, they are includable in           
          petitioner's income as alimony.  The record reflects that the               
          total delinquent utility liability was paid off sometime before             
          1995.  Thus, there were no payments made to petitioner or on her            
          behalf for delinquent utilities in 1995.                                    
               As for 1994, petitioner could not establish the number of              
          months for which Mr. Simpson paid the $70 to the utilities                  
          companies.  She did, however, through her own testimony and the             
          testimony of Mr. Simpson, provide a reasonable estimate of the              
          number of payments made in 1994.  Based on the information                  
          contained in the record, we conclude that Mr. Simpson made three            







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