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