Ellen M. Rangos - Page 11

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               In deciding the character of an award in a divorce or                  
          separation decree, great weight is given to the language and                
          structure of the decree.  Griffith v. Commissioner, 749 F.2d 11, 13         
          (6th Cir. 1984), affg. T.C. Memo. 1983-278.  The decision of                
          whether payments are in the nature of support (that is, alimony) or         
          a property settlement, however, is not controlled by the labels             
          assigned to the payments by the court in the divorce decree or by           
          the parties in their agreement but, instead, depends upon all of            
          the facts and circumstances.  Yoakum v. Commissioner, 82 T.C. 128,          
          140 (1984); Beard v. Commissioner, 77 T.C. 1275, 1283-1284 (1981).          
               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.  Beard v. Commissioner, supra         
          at 1284-1285.                                                               





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