- 10 - 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 threePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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