- 9 - Dorothy in part satisfaction of Mr. Lofstrom’s accrued and future alimony obligations to Dorothy qualifies as alimony.7 A contract for deed is a financing arrangement that allows a buyer (or vendee) to purchase property by borrowing the money for the purchase from the seller (or vendor). In re Butler, 552 N.W.2d 226, 229-230 (Minn. 1996). Here, Mr. Lofstrom had transferred property to Mark Lofstrom in return for periodic payments from Mark Lofstrom until the full principal amount, with interest, was paid. The contract for deed represented, therefore, a debt obligation of Mark Lofstrom to Mr. Lofstrom. Because the contract for deed transferred to Dorothy is a debt instrument of a third party, it does not qualify as a cash payment and is not deductible as alimony.8 See secs. 71(b)(1), 215(a); sec. 1.71-1T(b), Q&A-5, Temporary Income Tax Regs., 7The Minnesota legislature has sanctioned contracts for deed because they provide a useful alternative financing mechanism, which promotes the availability of credit and the transferability of property. In re Butler, 552 N.W.2d 226, 229-230 (Minn. 1996) (citing Minn. Stat. sec. 559.205-.216 (1994)). 8Further, once Mr. Lofstrom transferred the contract for deed to Dorothy, Mark Lofstrom’s liability to make payments under the contract would not end at Dorothy’s death. We note that alimony does not include a liability to make payments after the payee’s death. Sec. 71(b)(1)(D); see also Sugarman v. Commissioner, T.C. Memo. 1996-410 (payments found in the nature of a property settlement rather than alimony where payments would not necessarily have terminated if the taxpayer died before the end of the payment stream because the taxpayer’s estate would have had a valid claim for the remainder of the payments).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011