- 27 - for the continuation of payments ostensibly terminating at that time depends on all of the facts and circumstances). 2. Okerson v. Commissioner Our recent opinion in Okerson v. Commissioner, 123 T.C. 258 (2004), nicely illustrates the operation of the substitute payment clause of section 71(b)(1)(D). The divorce decree in that case required Mr. Okerson to pay Mrs. Okerson $117,000 “as alimony necessary for her support” in varying installments over a period of approximately 10 years. Id. at 259-260. Although the decree specified that “[s]aid alimony” would terminate upon Mrs. Okerson’s death, another provision obligated Mr. Okerson to pay the remaining installments in that event “for or on behalf of the education of the parties’ two children”. Id. at 260. A subsequent decree required Mr. Okerson to pay Mrs. Okerson’s attorney $33,500 on Mrs. Okerson’s behalf “as alimony necessary for her support” over a period of 41 months. Id. That decree similarly provided that “[s]aid alimony” would terminate upon Mrs. Okerson’s death, in which case the remaining installments would be payable directly to her attorney. Id. at 260-261. We concluded that both postdeath obligations were substitute payment liabilities, as contemplated in section 71(b)(1)(D), with respect to the payments to Mrs. Okerson labeled as “alimony” and that, consequently, the payments to Mrs. Okerson failed to qualify as deductible alimony. Id. at 267-268; see also sec. 1.71-1T(b), Q&A-14, Examples (1) and (2), Temporary Income Tax Regs., supra.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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