Alan Robert Zinsmeister - Page 14




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         second mortgage.  When petitioner made payments on the second                
         mortgage, the payments discharged petitioner’s liabilities, not              
         Betty’s.                                                                     
              Moreover, the evidence does not establish that petitioner’s             
         payments benefited Betty by increasing the amount she would                  
         receive on a subsequent sale of the residence.  The record does              
         not disclose the price at which Betty sold the residence.  In                
         June 1993, however, Betty’s affidavit submitted in support of an             
         application for temporary relief stated that the fair market                 
         value of the residence was $123,000 and that the total principal             
         of all outstanding mortgages thereon was $100,000.  At trial,                
         petitioner indicated that Betty’s calculations were roughly                  
         accurate.  He suggested that the fair market value was perhaps               
         $130,000 and the total of the mortgages was $110,000.  The equity            
         in the residence was at most approximately $30,000.  Petitioner,             
         however, had a lien against the residence for $42,000.  Taking               
         into account the amount of his lien and the lack of proof as to              
         the sales price of the residence, the record does not establish              
         how much, if any, proceeds from the sale would benefit Betty.                
         See Taylor v. Commissioner, supra at 123-124.                                
              We conclude that petitioner’s payments on the second                    
         mortgage are not payments of alimony under section 71(b)(1)(A),              
         nor are they deductible as such.                                             
              We therefore hold (as respondent in fact concedes) that much            






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