- 21 - made on behalf of Betty–-specifically the attorney’s fees, miscellaneous expenses, mortgage payments, home insurance, and real estate taxes–-lacked that label. Respondent accordingly urges that neither the pertinent State statutes nor the State court’s orders provide that the payments in dispute would terminate on the death of the payee spouse. Thus, respondent concludes, these specific payments do not meet the requirement imposed by section 71(b)(1)(D). Respondent has placed too much emphasis on the State court’s failure to describe the payments as "maintenance". Respondent’s argument overlooks consideration that, whatever they are called, these payments (with the exception of the attorney’s fees) will end with the death of the payee spouse. They thus satisfy the requirement to be treated as alimony contained in section 71(b)(1)(D). We recognize that, if Betty had died while the temporary order was in effect, petitioner might have remained contractually liable for some of the payments, such as those on the mortgage. Such an event, however, would have transformed the portion of the payments made "on behalf of" Betty into nondeductible personal expenses of petitioner alone, pursuant to section 262. Thus, their status as alimony payments under section 71(b)(1) would have terminated with Betty’s death. See Israel v. Commissioner, T.C. Memo. 1995-500; cf. Cologne v. Commissioner, T.C. Memo.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011