- 19 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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