- 8 - Section 71(c)(1) provides, however, that the general inclusion rule of section 71(a) does not apply to “that part of any payment which the terms of the divorce or separation instrument fix (in terms of an amount of money or a part of the payment) as a sum which is payable for the support of children of the payor spouse.” The parties agree petitioner’s family support payments to Carmen6 satisfy the requirements of section 71(b)(1)(A)-(C) for qualification as alimony.7 They disagree whether those payments satisfy section 71(b)(1)(D). For ease of reference, we shall refer to the types of liability described in the first and second clauses of section 71(b)(1)(D) as “continuing payment liability” 6 We address petitioner’s payments to Drs. Caffaro and Murphy in part I.E. 7 The parties stipulate that $3,824 of the $49,808 paid by petitioner to Carmen in 1999 “represented amounts paid by petitioner which were attributable to family support arrearages from prior years.” That language is potentially broad enough to include interest (i.e., the $2,196 interest component of petitioner’s Dec. 31, 1998, arrearage), which, unlike qualifying alimony, is generally not deductible in this context. See sec. 163(h). The record does not reflect whether the Superior Court in fact credited the $3,824 to pre-1999 family support (principal), interest thereon, or both (or neither, for that matter, see supra note 4). On brief, however, respondent does not distinguish between petitioner’s payments of current and past due (pre-1999) family support in 1999, referring to such amounts in the aggregate as “family support”, the deductibility of which turns on the application of sec. 71(b)(1)(D). Accordingly, we deem respondent to have conceded that the arrears paid by petitioner to Carmen in 1999 were family support rather than interest.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