Anita C. Human - Page 8

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          memorandum and copies of the court decisions discussed in the               
          memorandum which supported the position that under Georgia law              
          the payment was lump-sum alimony in the nature of a property                
          settlement.                                                                 
               On September 22, 1995, petitioner's tax attorney, Stephen C.           
          Beeler (Beeler), provided Revenue Agent Harper with a second                
          legal memorandum that reviewed in detail the facts preceding the            
          $750,000 payment from Human and discussed at length the                     
          conclusion that the payment was lump-sum alimony and not                    
          includable in petitioner's income.                                          
               The underlying controversy focused on section 71(a), which             
          provides:  "Gross income includes amounts received as alimony or            
          separate maintenance payments."  A payment satisfies the                    
          definition of alimony only if there is no liability to make any             
          such payment after the death of the payee spouse.  Sec.                     
          71(b)(1)(D).                                                                
               Respondent argues that the divorce decree specifically                 
          referred to the $750,000 payment as "alimony" and was silent as             
          to Human's obligation to make payment upon petitioner's death.              
          Therefore, respondent states, "it was necessary * * * to review             
          state court opinions on this issue."                                        
               The Supreme Court of Georgia addressed this issue in Winokur           
          v. Winokur, 365 S.E.2d 94 (Ga. 1988).  In that case, the Supreme            
          Court of Georgia stated:                                                    





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