Mark E. Picou - Page 8

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                         the payee spouse and the payor                               
                         spouse are not members of the same                           
                         household at the time such payment                           
                         is made, and                                                 
                              (D) there is no liability to                            
                         make any such payment for any                                
                         period after the death of the payee                          
                         spouse and there is no liability to                          
                         make any payment (in cash or                                 
                         property) as a substitute for such                           
                         payments after the death of the                              
                         payee spouse.                                                
               Petitioner contends that the mortgage payments were alimony            
          because the divorce decree specifically called the payments                 
          “support”.  Respondent, on the other hand, contends that the                
          payments were for personal living expenses; that is, mortgage               
          payments on petitioner’s personal residence, which was awarded to           
          him pursuant to the divorce decree.  The resolution of this issue           
          therefore turns on whether the mortgage payments constituted                
          alimony or a property settlement.                                           
               We observe that in deciding the character of an award in a             
          divorce or separation decree, we give great weight to the                   
          language and structure of the decree.  Griffith v. Commissioner,            
          749 F.2d 11, 13 (6th Cir. 1984), affg. T.C. Memo. 1983-278.                 
          Whether payments represent support or a property settlement,                
          however, is not controlled by the labels assigned to the payments           
          by the court in the divorce decree.  Beard v. Commissioner, 77              
          T.C. 1275, 1283-1284 (1981), and cases cited therein.  The                  
          determination depends upon all of the surrounding facts and                 






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