Estate of Arthur C. Edwards, Deceased, Kenneth Edwards, Edward Edwards and James Edwards, As Trustees of the Arthur C. Edwards Settlement Trust, Personal Representative - Page 9

                                        - 9 -                                         
          petitioner concludes that the claim of the Edwards children is              
          imposed by law and deductible under section 2053(a)(3).                     
               Petitioner's argument in this regard does not carry the day.           
          The fact that the 1984 PSA was merged, or incorporated, into the            
          final judgment is not dispositive of the critical issue before              
          us.  Our inquiry must focus on the extent of the California                 
          divorce court's power to modify the terms of the 1984 PSA before            
          incorporating it into the final judgment.                                   
               In this regard, our examination of California law indicates            
          that, absent exceptional circumstances, a California divorce                
          court lacks the power to modify a property settlement agreement             
          before incorporating it into a divorce decree.  See Flynn v.                
          Flynn, 265 P.2d 865 (Cal. 1954); Adams v. Adams, 177 P.2d 265               
          (Cal. 1947).  The Court of Appeals for the Ninth Circuit has                
          addressed this question in Gray v. United States, 541 F.2d 228              
          (9th Cir. 1976).  In Gray, the decedent husband and his wife had            
          entered into a property settlement agreement, whereby the husband           
          agreed to maintain an insurance policy on his life, designating             
          his wife as the beneficiary.  Id. at 230.  The husband died in a            
          plane crash shortly after the divorce court had entered a divorce           
          decree, wherein the court  approved the property settlement                 
          agreement and ordered the parties to carry out its provisions.              
          Id.  The proceeds of the policy were paid directly to the wife;             
          the executor included the proceeds in the gross estate and                  
          claimed a deduction for that same amount.  Id. at 231.  The                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011