John R. and Patricia G. Okerson - Page 11

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               Here, petitioners acknowledge that the applicable divorce              
          documents are the 1995 decree and the 1997 decree (collectively,            
          the decrees) and that the decrees conflict with section                     
          71(b)(1)(D) in that they state that, upon Okerson’s death,                  
          petitioner must continue to make payments in the same amount as             
          the payments which he must pay before her death.  Petitioners               
          argue, however, that the intent of the State court was to allow             
          petitioner to deduct the $117,000 and $33,500 as alimony.                   
          Petitioners consider relevant the fact that petitioner paid both            
          of these amounts during Okerson’s lifetime and that he never had            
          to pay any of the post death payments described in the decrees.             
               Petitioners focus erroneously on the intent of the State               
          court as support for their argument that they are entitled for              
          Federal income tax purposes to deduct the disputed payments as              
          alimony.  While State law establishes the property interests of             
          divorcing parties, Federal law controls the Federal income tax              
          treatment of those interests.  Hoover v. Commissioner, supra at             
          844.  Here, the applicable Federal law is set forth in section              
          71, which, in its present form, provides the exclusive means by             
          which a taxpayer may deduct a payment as alimony for Federal                
          income tax purposes.  Id. at 844-845.  Through that section,                
          Congress eliminated any consideration of intent in determining              
          the deductibility of a payment as alimony in favor of a more                
          straightforward, objective test that rests entirely on the                  






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