John F. Daugharty and Sarah R. Daugharty - Page 30

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            property settlement.  Beard v. Commissioner, 77 T.C. 1275, 1283                              
            (1981); Bishop v. Commissioner, 55 T.C. 720, 724-725 (1971).                                 
            This issue is a factual one and requires an examination of all                               
            the surrounding facts and circumstances.  Wright v. Commissioner,                            
            62 T.C. 377, 389 (1974), affd. 543 F.2d 593 (7th Cir. 1976).                                 
                  Factors which indicate that the payments are in the nature                             
            of a property settlement are:  (1) The parties in their agreement                            
            (or the court in its decree) intended the payments to effect a                               
            division of their assets; (2) the recipient surrendered valuable                             
            property rights in exchange for the payments; (3) the payments                               
            are fixed in amount and not subject to contingencies, such as the                            
            remarriage or death of the recipient; (4) the payments are                                   
            secured; (5) the amount of the payments plus the other property                              
            awarded to the recipient equals approximately one-half of the                                
            property accumulated by the parties during marriage; (6) the                                 
            needs of the recipient were not taken into consideration in                                  
            determining the amount of the payments; and (7) a separate                                   
            provision for support was provided elsewhere in the decree or                                
            agreement.  Benedict v. Commissioner, 82 T.C. 573, 577-578                                   
            (1984); Beard v. Commissioner, supra at 1284-1285.                                           
                  In the instant case, most of the above factors indicate that                           
            the payments were in the nature of support rather than a property                            
            settlement.  First, the payments are subject to two                                          
            contingencies.  The Stipulation and Final Judgment provided that                             





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