- 21 - standard. See Jacklin v. Commissioner, 79 T.C. 340, 351 (1982) (agreement to provide “funds * * * necessary to sustain a standard of living equivalent to that which obtained before the separation” not insufficient as matter of law). Based on the foregoing authority, we believe petitioners’ agreement in the June 1 letters that Harvey would “pay all normal and usual expenses of maintenance and operation” of the two identified residences qualifies as a written separation agreement with ascertainable standards. That petitioners did not execute a written agreement covering all elements of Hermine’s support does not negate the fact that they had a written agreement covering a part. Accordingly, cash payments received by (or on behalf of) Hermine within the terms of the June 1 letters were payments made “under” a divorce or separation instrument as required by section 71(b)(1)(A). Applying this conclusion to the payments that were stipulated as made by Harvey either directly to or on behalf of Hermine, we find that some of the payments clearly fall outside the terms of the June 1 letters, which constitute the only section 71(b)(2)(B) written separation agreement established by the evidence. Specifically, the payments of $26,358.65 in 1990 and $25,012.55 in 1991 stipulated as having been made directly to Hermine by Harvey have not been shown to come within the terms of “normal and usual expenses of maintenance and operation” of thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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