Michael K. Berry - Page 9

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          and “substitute payment liability”, respectively (collectively,             
          “postdeath liability”).                                                     
                    2.   Historical Context                                           
               Before we begin our analysis, some historical background               
          would be helpful.  Prior to 1984, the Internal Revenue Code                 
          described taxable alimony as “periodic payments (whether or not             
          made at regular intervals) received * * * in discharge of, or               
          attributable to property transferred (in trust or otherwise) in             
          discharge of, a legal obligation which, because of the marital or           
          family relationship, is imposed upon or incurred by” the payor              
          spouse under a divorce or separation instrument.  Sec. 22(k),               
          I.R.C. 1939, as enacted by the Revenue Act of 1942, ch. 619, sec.           
          120(a), 56 Stat. 816 (the 1942 Act); see also sec. 71(a)(1) and             
          (2), I.R.C. 1954, prior to amendment by the Deficit Reduction Act           
          of 1984, Pub. L. 98-369, sec. 422(a), 98 Stat. 494 (the 1984 Act)           
          (similar language).  The general rule of inclusion in the                   
          recipient’s income did not apply to “that part of any such                  
          periodic payment which the terms of the decree or written                   
          instrument fix, in terms of an amount of money or a portion of              
          the payment, as a sum which is payable for the support of minor             
          children”.  Sec. 22(k), I.R.C. 1939, supra; see also sec. 71(b),            
          I.R.C. 1954, supra (substantially identical language).                      
          Furthermore, except as otherwise provided, “[i]nstallment                   
          payments discharging a part of an obligation the principal sum of           






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