Hermine Leventhal - Page 30




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          December 31, 1986.  See Tax Reform Act of 1986, Pub. L. 99-514,               
          sec. 1843(b), 100 Stat. 2085, 2853.  Thus, payments qualify so                
          long as termination would occur under State law.  See Notice 87-              
          9, 1987-1 C.B. 421, 422; Human v. Commissioner, T.C. Memo. 1998-              
          106.  In the instant case, the June 1 letters are silent as to                
          whether Harvey is liable to make any payments after the death of              
          Hermine, but Harvey argues that the payments would otherwise                  
          terminate under New York law.  We agree.                                      
               Under New York law, “maintenance” is defined as:                         
               payments provided for in a valid agreement between the                   
               parties or awarded by the court in accordance with the                   
               provisions of subdivision six of this part, to be paid                   
               at fixed intervals for a definite or indefinite period                   
               of time, but an award of maintenance shall terminate                     
               upon the death of either party or upon the recipient's                   
               valid or invalid marriage, or upon modification                          
               pursuant to * * * [sec. 236B9.b.]. [N.Y. Dom. Rel. Law                   
               sec. 236B1.a. (McKinney 1999); emphasis added.]                          
          Thus, the statute differentiates between maintenance payments                 
          made pursuant to agreement and those made under court decree.                 
          See Scheinkman, Practice Commentaries, in McKinney’s Consol. Laws             
          of N.Y., Book 14, Domestic Relations Law C236B:10, at 330-331                 
          (1999).  With respect to court-awarded maintenance, the payments              
          automatically terminate upon any of the events listed in the                  
          statute (terminating events).  See id.  In the case of                        
          maintenance payments made pursuant to agreement, the obligation               
          generally terminates upon the death of either spouse, but the                 
          parties may modify or extend the duration of the payments by                  






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