Michael K. Berry - Page 26

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          Prac. Guide: Fam. Law, sec. 18:40 (2004 ed.).22  It logically               
          follows that Carmen’s interest in petitioner’s family support               
          obligation, like the payee spouse’s interest in the premium                 
          obligation at issue in In re Marriage of Benjamins, supra, is in            
          the nature of spousal support.  Her interest in the award would             
          therefore terminate at her death, leaving her successor without             
          an enforceable interest.                                                    
                    4.   Conclusion                                                   
               We conclude that petitioner’s family support obligation does           
          not entail continuing payment liability as contemplated in                  
          section 71(b)(1)(D).                                                        
               C.   Substitute Payment Liability With Respect to                      
                    Petitioner’s Family Support Obligation                            
                    1.   Overview                                                     
               Under this prong of section 71(b)(1)(D), we look beyond the            
          issue of continuing enforceability in search of any payment                 
          obligation after Carmen’s death that would, in substance,                   
          represent a continuation (in whole or in part) of petitioner’s              
          family support payments.  See sec. 1.71-1T(b), Q&A-14, Temporary            
          Income Tax Regs., 49 Fed. Reg. 34456 (Aug. 31, 1984)                        
          (determination of whether payments commencing, increasing, or               
          accelerating upon the death of the payee spouse are a substitute            



               22 As discussed infra, the child support component of                  
          petitioner’s family support obligation is more relevant to our              
          inquiry regarding substitute (as opposed to continuing) payment             
          liability.                                                                  




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