John F. Daugharty and Sarah R. Daugharty - Page 31

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            John's monthly payments to Faye would terminate upon her                                     
            remarriage or death.  Payments received pursuant to a property                               
            settlement generally are not subject to contingencies and do not                             
            terminate upon the death of the payee.  Instead, the obligation                              
            to pay is generally "absolute."  See McCombs v. Commissioner, 397                            
            F.2d 4, 8 (10th Cir. 1968), affg. T.C. Memo. 1967-124.                                       
            Similarly, Florida law provides that a property settlement                                   
            agreement represents a final division of property, which is not                              
            subject to modification absent proof of fraud, duress, deceit,                               
            coercion, or overreaching by the other party.  See, e.g., Baker                              
            v. Baker, 394 So. 2d 465, 466 (Fla. Dist. Ct. App. 1981); Zedeck                             
            v. Zedeck, 334 So. 2d 87, 88 (Fla. Dist. Ct. App. 1976).                                     
                  Second, nothing in the Stipulation and the Final Judgment                              
            stated that John's obligation to make the requisite payments was                             
            secured by any of his assets.  The absence of this factor is a                               
            further indication that the payments were intended for Faye's                                
            support.  Benedict v. Commissioner, supra at 578; Beard v.                                   
            Commissioner, supra at 1285.                                                                 
                  Third, there is no credible evidence that the amount of the                            
            payments plus the other property awarded to Faye pursuant to the                             
            Stipulation and Final Judgment equals approximately one-half of                              
            the property accumulated by the parties during marriage.  In                                 
            addition, given the manner in which the payments in issue were                               







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