Forest R. Preston - Page 12




                                       - 12 -                                         
          conditions these payments on the fact that Ms. Sowell is living.            
          Nor can we find such a condition in applicable State (Georgia)              
          law.  Under Georgia law, alimony is either periodic or lump sum,            
          see Winokur v. Winokur, 365 S.E.2d 94, 95 (Ga. 1988), and the               
          mere fact that alimony is payable in installments does not mean             
          it is periodic, see Stone v. Stone, 330 S.E.2d 887, 889 (Ga.                
          1985).  Lump-sum alimony is payable in installments if the                  
          applicable documents "state the exact amount of each payment and            
          the exact number of payments to be made without other                       
          limitations, conditions or statements of intent".  See Winokur v.           
          Winokur, supra at 96; see also Stone v. Stone, supra at 889.  An            
          obligation to pay lump-sum alimony in installments does not                 
          terminate upon the payee's death.  See Winokur v. Winokur, supra            
          at 95; see also Human v. Commissioner, T.C. Memo. 1998-106.                 
               As to the non-child-support amounts which would cease upon             
          Ms. Sowell's death--namely, $212 spent in 1992 for Ms. Sowell's             
          clothes, $443 spent in 1992 for Ms. Sowell's dentist, $665 spent            
          in 1992 for Ms. Sowell's dentist, $130 spent in 1992 for Ms.                
          Sowell's medical bill, $428 spent in 1992 for Ms. Sowell's car              
          insurance, $2,204 spent in 1992 for Ms. Sowell's car expenses,              
          $95 spent in 1993 for Ms. Sowell's bills, $209 spent in 1993 for            
          Ms. Sowell's drug bill, $746 spent in 1993 for Ms. Sowell's                 
          dentist, $1,312 spent in 1993 for Ms. Sowell's dentist, $30 spent           
          in 1993 for Ms. Sowell's automobile, $454 spent in 1993 for Ms.             
          Sowell's medical bill, $585 spent in 1993 for Ms. Sowell's car              
          insurance, $437 spent in 1993 for Ms. Sowell's car repair, $30              


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011