- 8 - memorandum and copies of the court decisions discussed in the memorandum which supported the position that under Georgia law the payment was lump-sum alimony in the nature of a property settlement. On September 22, 1995, petitioner's tax attorney, Stephen C. Beeler (Beeler), provided Revenue Agent Harper with a second legal memorandum that reviewed in detail the facts preceding the $750,000 payment from Human and discussed at length the conclusion that the payment was lump-sum alimony and not includable in petitioner's income. The underlying controversy focused on section 71(a), which provides: "Gross income includes amounts received as alimony or separate maintenance payments." A payment satisfies the definition of alimony only if there is no liability to make any such payment after the death of the payee spouse. Sec. 71(b)(1)(D). Respondent argues that the divorce decree specifically referred to the $750,000 payment as "alimony" and was silent as to Human's obligation to make payment upon petitioner's death. Therefore, respondent states, "it was necessary * * * to review state court opinions on this issue." The Supreme Court of Georgia addressed this issue in Winokur v. Winokur, 365 S.E.2d 94 (Ga. 1988). In that case, the Supreme Court of Georgia stated:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011