- 8 - Both parties have called the Court’s attention to Berry v. Commissioner, T.C. Memo. 2005-91, in which the Court applied California law. The facts of Berry closely resemble the facts in this case. In Berry, as in our case, the divorce decree obligated the taxpayer to pay California family support to his former spouse, and the taxpayer claimed an alimony deduction for those payments. For the most part, the Commissioner’s denial of the taxpayer’s alimony deduction in Berry was based upon the same reasons advanced by respondent in denying the deduction here in dispute, one of which was the taxpayer’s failure to establish that California family support payments terminate upon the death of the payee as required by section 71(b)(1)(D). After comprehensive and careful analysis, in Berry we held that nothing under California law, in and of itself, operated to deny the payor spouse a deduction for amounts paid as family support. Petitioner, of course, relies upon Berry to support his claim to the alimony deduction here in dispute. Respondent attempts to distinguish Berry on both factual and legal grounds; however, the distinctions are not persuasive. According to the stipulation of facts, petitioner and his former spouse negotiated the terms that were ultimately included in the divorce decree; presumably, the negotiated terms included the amount of, and other conditions relating to, the family support payments included in the divorce decree. The details ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011