- 4 - 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 bePage: Previous 1 2 3 4 5 6 NextLast modified: March 27, 2008