- 17 - Example (2) also states that the result would be the same even if the lump sum was required to be discounted to reflect the prepayment. Here, petitioner was required by the 1995 decree to pay Okerson monthly alimony totaling $117,000. This obligation would have terminated upon Okerson’s death, but petitioner would then have been required to pay the unpaid alimony towards the education of his and Okerson’s children until the children completed 4 years of college. Petitioner also was required by the 1997 decree to make additional monthly alimony payments totaling $33,500 to Okerson’s attorney. This obligation also would have terminated upon the death of Okerson, but petitioner would then have been required to continue paying the unpaid amount to Okerson’s attorney. Because under both decrees the substitute payments would have been the same amount as the amounts payable as alimony under the decrees, we conclude consistently with the temporary regulations and the examples set forth therein and discussed above that petitioner is not entitled to deduct any of the $21,600 as alimony for Federal income tax purposes. In sum, when the terms of the applicable divorce documents state, as here, that the payor spouse upon the death of the payee spouse must continue to make payments in substitute of payments which are required to be paid as alimony, the post death paymentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011