- 40 - (Ct. App. 1975) (similar). D. Conclusion--Deductibility of Family Support Payments Given the lack of continuing payment liability and substitute payment liability with respect to petitioner’s family support obligation, the family support payments at issue satisfy the requirements of section 71(b)(1)(D). Because the parties do not dispute the applicability of section 71(b)(1)(A)-(C) to those payments, and respondent does not argue any other grounds for nondeductibility (e.g., section 71(c)(1)), petitioner is entitled to deduct the entire amount of family support payments he made to Carmen in 1999 ($49,808).31 E. Payments to Drs. Caffaro and Murphy 1. Procedural Issue Petitioner’s petition did not include a claim that he is 30(...continued) following the payee spouse’s putative death) should be treated the same as hypothetical payments to a successor custodian. We would reject any such expansive reading of sec. 71(b)(1)(D) for the same reasons we reject the expansive reading suggested by Wells v. Commissioner, T.C. Memo. 1998-2. See supra pp. 32-36. 31 We recognize that, if Carmen died, petitioner conceivably could be liable to her estate for at least some portion of his family support arrearage. If that were so, then the portion of petitioner’s 1999 payments to Carmen constituting arrears ($3,824) arguably would fail to satisfy sec. 71(b)(1)(D). However, under well-established caselaw involving pre-1984 sec. 71, payments of alimony arrearages retained the character of the payments originally due. See, e.g., Olster v. Commissioner, 79 T.C. 456, 462 (1982), affd. 751 F.2d 1168 (11th Cir. 1985). Absent any indication in the legislative history of the 1984 Act that Congress intended to change that result, we believe the same principle would apply under post-1984 sec. 71.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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