- 8 - Accordingly, it is the marital settlement agreement of 1995 that we look to as the sole, operative document at issue in this case. First, we note that the payments at issue were not included in “Article V, Maintenance,” which expressly provided that the payments were allowed as an alimony deduction in accordance with section 71(b)(1)(A) and (B). Rather, these payments were made pursuant to a provision of the marital settlement agreement segregated from those payments that were clearly indicated as alimony. Second, “Article XIV, General Provisions, section C, provides that “All of the provisions of this Agreement shall be binding upon the respective heirs, next-of-kin, executors, assigns and administrators hereto.” This conflicts directly with section 71(b)(1)(D), and therefore, leads us to the holding that these payments are not deductible by petitioners as alimony or separate maintenance. Petitioners next argue that the terms of the marital settlement agreement should not be construed in accordance with Illinois law, and that we should look only to the parties’ intent, which would undoubtedly then lead us to the holding that these payments were, in fact, alimony or separate maintenance because petitioners intended them to be for that purpose. As evidence of this intent, petitioners testified that had they known that they would not be entitled to deduct the payments from their gross income, they would not have made them.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007