Hermine Leventhal - Page 26




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          Cologne v. Commissioner, T.C. Memo. 1999-102 (spouses separately              
          using jointly owned second residence on equal basis pursuant to               
          written separation agreement; husband paying all utilities                    
          entitled to alimony deduction for one-half of same).                          
               We shall determine which portion of the payments made by                 
          Harvey with respect to the marital home and apartment related to              
          his own occupancy based on the available evidence in the record.              
          The June 1 letters indicate that both petitioners were tenants                
          with respect to the lease of the apartment and provided that they             
          would equally share occupancy in alternating 2-month intervals.               
          Payments of the rent obligations of the payee spouse under the                
          terms of a divorce or separation instrument are payments “on                  
          behalf of” the payee spouse that qualify as alimony.  Sec. 1.71-              
          1T(b), Temporary Income Tax Regs., 49 Fed. Reg. 34455 (Aug. 31,               
          1984).  Thus, we conclude that one-half of the rent payments                  
          satisfied Hermine’s liabilities and related to her occupancy of               
          the apartment, making them deductible as alimony by Harvey, and               
          includable in Hermine’s income, pursuant to sections 215(a) and               
          71(a), respectively.  The remaining one-half of the rent payments             
          related to the occupancy of Harvey and are not deductible by him              
          or includable by her.  Similarly, we conclude that one-half of                
          the payments for furniture rental, to Brooklyn Union Gas, to a                
          gardener, to Con Edison for electricity, to Quinlan Oil, to Town              
          & County Pool, to New York Telephone, and for miscellaneous                   






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