- 3 - were to be deductible as alimony by petitioner and includable as gross income by Ms. Chavez. The Judgment itself is also silent as to whether petitioner’s obligation to make the payments would survive Ms. Chavez’s death. In addition to the aforementioned Judgment, petitioner submitted, and the Court received into evidence, over respondent’s objection, three additional orders of the circuit court. The first, entered on June 18, 2003, required petitioner to pay $705.74 to Ms. Chavez every 2 weeks as “unallocated child support and maintenance” until a rehearing scheduled for August 20, 2003. In this order, the circuit court judge designated that $604 of the $705.74 be characterized as “maintenance.” Although the record is silent on the matter, we assume that either this rehearing did not occur or petitioner continued to make these payments of his own accord through the end of 2003. The second order, entered on July 23, 2004, required that petitioner pay $757.52 to Ms. Chavez monthly for a period of 12 months. Finally, a third order, entered on August 30, 2005, required that petitioner pay $600 per month to Ms. Chavez through October 5, 2005. In his petition, petitioner maintains that these orders show that at least a portion, if not all, of the unallocated child support paid by petitioner to Ms. Chavez in 2003, 2004, and 2005, was for maintenance and accordingly, should entitle him to alimony deductions in taxable years 2002 and 2003.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007