- 2 - The primary dispute between the parties is whether P’s family support payments satisfy sec. 71(b)(1)(D), which provides that a cash payment meeting the requirements of sec. 71(b)(1)(A)-(C) is alimony only if (1) there is no liability to make any such payment for any period after the death of the payee spouse (“continuing payment” liability) and (2) there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse (“substitute payment” liability). Held: P had no continuing payment liability, as contemplated in sec. 71(b)(1)(D), with respect to the family support payments at issue. Held, further, a payor spouse’s general State law obligation to continue supporting his or her children in the event of the payee spouse’s death does not, in and of itself, give rise to a substitute payment liability, as contemplated in sec. 71(b)(1)(D), with respect to an unallocated support obligation such as California family support. Held, further, P had no substitute payment liability, as contemplated in sec. 71(b)(1)(D), with respect to the family support payments at issue. Held, further, P is entitled to an alimony deduction for 1999 in the amount of $49,808, consisting of the 12 monthly payments of $3,832 ($45,984) and the additional $3,824 payment attributable to his arrearage; P is not entitled to any alimony deduction for 1999 in respect of his payments to the court- appointed psychologists. Held, further, P is liable for the addition to tax under sec. 6651(a)(1), I.R.C., for failure to file timely his 1999 return. Gary M. Erickson, for petitioner. James J. Posedel, for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011