Norman Spector and Marcia Spector - Page 13

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          other property awarded to the recipient equals approximately one-           
          half of the property accumulated by the parties during marriage;            
          (d) the payments are fixed in amount and not subject to                     
          contingencies, such as the death or remarriage of the recipient;            
          (e) the payments are secured; (f) the needs of the recipient were           
          taken into consideration in determining the amount of the                   
          payments; (g) the payments are related to the obligor's income;             
          (h) there is a separate provision for support elsewhere in the              
          agreements; and (i) the State court characterized the payments as           
          alimony or a property settlement.  Riley v. Commissioner, 649               
          F.2d 768, 774 (10th Cir. 1981), affg. T.C. Memo. 1979-237; Beard            
          v. Commissioner, 77 T.C. 1275, 1284-1285 (1981); Widmer v.                  
          Commissioner, 75 T.C. 405, 409 (1980).                                      
               a.   Whether Mrs. Spector Surrendered Valuable Property                
                    Rights                                                            
               Mrs. Spector argues that she surrendered valuable property             
          rights in Dr. Ehrenworth's pension, Dr. Ehrenworth's medical                
          practice, the couple's art collection, the medical building, the            
          Phoenix Corp., and the home Dr. Ehrenworth built in Watchung,               
          New Jersey, in exchange for the weekly payments.  We disagree               
          that she surrendered those rights in exchange for the weekly                
          payments.                                                                   
               Both spouses surrendered rights to marital assets when they            
          settled the property issues.  They used the weekly payments both            
          to achieve an acceptable division of their marital assets and to            
          provide support for Mrs. Spector.  However, the record does not             



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