- 15 - Applicable to Transfers in Divorce”, 55 Tax Law. 363, 398, 422, 427, 449 & n.325 (2002); McMahon, “Tax Aspects of Divorce and Separation”, 32 Fam. L.Q. 221, 226 (1998). As a practical matter, inasmuch as petitioner’s family support obligation is otherwise open-ended (i.e., has no expressly specified term), the issue is whether that obligation would terminate automatically at Carmen’s death or, alternatively, would remain enforceable by Carmen’s estate until petitioner petitioned the Superior Court for relief.11 2. The Divorce Documents a. Scope of Inquiry None of the Superior Court documents in the record (the divorce documents) addresses the contingency of Carmen’s death. However, inasmuch as the dissolution judgment incorporates the terms of petitioner’s and Carmen’s settlement agreement, petitioner seeks to introduce extrinsic evidence of his and Carmen’s intent regarding the effect of Carmen’s death on petitioner’s family support obligation. Petitioner’s exhibit 5 is a transcript of a June 13, 1996, hearing in the Superior Court 11 Although the period of any such interim enforceability presumably would be brief, any continuing payment liability with respect to a payment obligation is apparently sufficient to disqualify as alimony all payments made pursuant to that obligation, including payments made before the payee spouse’s death. See sec. 1.71-1T(b), Q&A-10, Temporary Income Tax Regs., 49 Fed. Reg. 34456 (Aug. 31, 1984).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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