John R. and Patricia G. Okerson - Page 17

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          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 payments           






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