- 8 - 7.215(E). The original divorce decree as modified by opinion rendered by the court of appeals limiting alimony to a term of 8 years is an order sufficient to satisfy the requirement of section 71(b)(1)(A). The court of appeals remanded the matter to the trial court for a specific "modification of the divorce judgment". It was not a revocation of the divorce judgment. We find therefore, that an order for payment was in existence during the taxable years in issue and meets the requirements of section 71(b)(1)(A). Frances Ryan also argues that Gregory Ryan's payments fail the fourth requirement of section 71(b)(1), which provides that the alimony obligation must terminate upon the payee's death. Section 71(b)(1)(D), however, does not require that the termination upon death provision be in writing in the divorce instrument; alimony may terminate as a matter of State law upon death of the payee spouse. See Cunningham v. Commissioner, T.C. Memo. 1994-474. Under Michigan State law, in the absence of a written provision in the judgment of divorce to the contrary, alimony terminates upon the death of the payee spouse. Couzens v. Couzens, 364 N.W.2d 340 (Mich. Ct. App. 1985). Thus, by reason of the express language in the divorce decree and as a matter of State law, it is clear that payments ordered in the Judgment ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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