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In the instant case, a majority of the above factors indicates
that the payments made by Mr. Rangos were in the nature of a
property settlement rather than support. Our analysis in this
regard is as follows:
With regard to the first factor, we believe the Agreement was
intended to be a comprehensive and final settlement of all
property claims and rights between Mr. Rangos and petitioner. In
this respect, Mr. Rangos was primarily concerned with retaining
ownership of his business interests and real estate. He wanted
these assets and used the Agreement to get them. This factor
favors treating the payments as part of a property settlement.
With regard to the second factor, pursuant to the Agreement,
petitioner surrendered valuable property rights: Her rights in all
of Mr. Rangos' corporate stock, his business interests, and all
real estate (except the marital residence). This factor favors
treating the payments as part of a property settlement.
With regard to the third factor, although the payments were
not fixed in amount, they were fixed in that Mr. Rangos was
required to provide petitioner with full and unrestricted use of a
new Cadillac Eldorado (or an equivalent automobile). The
automobile payments were subject to two possible contingencies:
petitioner's death or remarriage. Although these contingencies
favor characterizing the payments as alimony, we do not believe
that they prove fatal to petitioner's case in light of the entire
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