Norman Spector and Marcia Spector - Page 19

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          receive postremarriage payments was part of their property                  
          settlement and not alimony for tax purposes.                                
               The fact that the agreement contains no provision for the              
          support of Mrs. Spector other than the weekly payments favors               
          treating the payments as alimony.  If a former spouse agrees to             
          pay alimony after his or her spouse remarries, and the agreement            
          is enforced under State law, then the fact that courts in that              
          State may not order postremarriage alimony absent such an                   
          agreement does not in itself determine whether the payments are             
          treated as alimony for Federal income tax purposes.  Taylor v.              
          Campbell, 335 F.2d 841 (5th Cir. 1964); Mass v. Commissioner, 81            
          T.C. 112 (1983); Dixon v. Commissioner, 44 T.C. 709 (1965); Hogg            
          v. Commissioner, 13 T.C. 361 (1949); Hesse v. Commissioner, 7               
          T.C. 700 (1946); Spector v. Commissioner, T.C. Memo. 1994-147.              
               i.   How the State Court Characterized the Payments                    
               The Superior Court of New Jersey characterized the payments            
          as alimony because Mrs. Spector and Dr. Ehrenworth agreed that              
          the payments were alimony.  This favors treating them as alimony.           
               Mrs. Spector points out that in Ehrenworth v. Ehrenworth,              
          187 N.J. Super. 342, 349, 345 A.2d 895 (App. Div. 1982), the                
          Appellate Division of the Superior Court analogized the payments            
          to installments on a fixed obligation and stated that the fact              
          that the parties called the payments alimony should not affect              
          whether the obligation to pay survives Mrs. Spector's remarriage.           






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