Evelyn R. Ambrose - Page 20

                                       - 20 -                                         

          because the documents are silent on both of the contingencies               
          under consideration.                                                        
               State law determines certain rights of the parties, and                
          Federal law determines the Federal income tax consequences of               
          those rights.  Morgan v. Commissioner, 309 U.S. 78, 80 (1940);              
          Lucas v. Earl, 281 U.S. 111 (1930); Sampson v. Commissioner, 81             
          T.C. 614, 618 (1983), affd. without published opinion 829 F.2d 39           
          (6th Cir. 1987).  In this case, the temporary order does not                
          indicate whether the amounts paid were exclusively for Ms.                  
          Ambrose or whether the payments would cease upon her death.  In             
          this case, we look to State law to determine whether a postdeath            
          legal obligation exists here for purposes of section 71.  Id.               
               California Family Code section 4337 (West 1994) provides               
          that, "Except as otherwise agreed by the parties in writing, the            
          obligation of a party under an order for the support of the other           
          party terminates upon the death of either party or the remarriage           
          of the other party."                                                        
               Thus, pursuant to California law, if any portion of the                
          undesignated payment is spousal support, section 71(b)(1)(D) is             
          satisfied in that the payment obligation terminates upon the                
          death of the payee spouse.  Hence, if the payor spouse and the              
          payee spouse do not otherwise agree in writing, then California             
          law provides that the support obligation terminates upon the                







Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011