Jay Mukherjee - Page 8

                                       - 8 -                                          
         $55,000 as alimony, “lump sum.” Hence, under Georgia law,                    
         petitioner’s obligation to pay the $55,000 would not have                    
         terminated upon his former wife’s death prior to his making                  
         actual payment to her on August 1, 2000.  Winokur v. Winokur,                
         supra at 94-96; cf. Bisno v. Bisno, 236 S.E.2d 755 (Ga. 1977)                
         (divorce agreement construed to provide for payment of terminable            
         periodic alimony to wife where parties therein stated those                  
         alimony payments were intended to be deductible by the husband               
         for Federal income tax purposes and where payments would                     
         otherwise not qualify to be deducted if husband’s obligation to              
         make those payments was nonterminable).  Accordingly, we hold                
         that the $55,000 lump-sum payment petitioner made to his former              
         wife does not qualify to be deducted as alimony paid by him under            
         section 215.  Sec. 71(b)(1)(D); Preston v. Commissioner, T.C.                
         Memo. 1999-49, affd. on this issue 209 F.3d 1281, 1285 (11th Cir.            
         2000); see also Human v. Commissioner, T.C. Memo. 1998-65.                   
              To reflect the foregoing,                                               
                                           Decision will be entered                  
                                       for respondent.                                
















Page:  Previous  1  2  3  4  5  6  7  8  

Last modified: May 25, 2011