- 12 - 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 entirePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011