Mary C. Theurer - Page 4




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          be treated as taxable alimony unless the payments are designated            
          as nontaxable child support or unless the payments are to                   
          continue after the death of the taxpayer.  Sec. 71(a), (b)(1)(D),           
          (c)(1).                                                                     
               In determining whether a payment obligation is to end upon             
          the death of a taxpayer, we first examine the applicable divorce            
          order, which, if unambiguous, is dispositive of the issue.                  
          Okerson v. Commissioner, 123 T.C. 258, 264 (2004) (citing Hoover            
          v. Commissioner, 102 F.3d 842 (6th Cir. 1996), affg. T.C. Memo.             
          1995-183).                                                                  
               Petitioner testified that if she died, her husband would be            
          obliged, after her death, to continue making to their children              
          the $20,000 monthly payments due under the July 7, 1998, court              
          order, and therefore petitioner argues that the $240,000 she                
          received in 1999 from her husband should not be treated as                  
          taxable alimony income.  Alternatively, petitioner argues that              
          the January 12, 2000, minute order of the superior court somehow            
          retroactively established that a portion of the $240,000 she                
          received in 1999 represented child support and should not be                
          included in her 1999 income.                                                
               Respondent argues that because the July 7, 1998, court order           
          unambiguously stated that petitioner’s husband’s monthly $20,000            
          payment obligation would end upon petitioner’s death, the                   
          $240,000 petitioner received in 1999 from her husband is to be              







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