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Rollert Residuary Trust v. Commissioner, 80 T.C. 619, 630 (1983),
affd. 752 F.2d 1128 (6th Cir. 1985); Gaddy v. Commissioner, 38
T.C. 943, 951 (1962), affd. in part and remanded in part 344 F.2d
460 (5th Cir. 1965). We therefore turn to the merits of this
issue. The final agreement provided in relevant part:
The Husband [Mr. Reed] shall pay to the Wife [petitioner] as
and for lump sum alimony the amount of $10,000 payable
within fifteen (15) days from the date of the Final Judgment
of Dissolution. Beginning January 1, 1996, the Husband
shall pay to the Wife as rehabilitative alimony the sum of
$516.67 per month for sixty (60) months which shall be due
and payable the first of each month, until the death of
either party or the remarriage of the Wife or the completion
of the sixty (60) payment obligation, whichever shall first
occur.
The terms of this agreement do not state that the liability to
make the $10,000 payment would have ceased after the death of
petitioner, despite the fact that the very next sentence
specifically terminates Mr. Reed’s liability to make the
rehabilitative alimony payments (of $516.67 for 60 months) after
petitioner’s death. Furthermore, assuming that Florida law would
affect the alimony obligation under the final agreement (the
status of the agreement is not clear from the record), the
obligation to make a lump-sum alimony payment--unlike the
obligation to pay permanent periodic alimony--does not terminate
upon the death of the payee spouse by operation of Florida law.
See Canakaris v. Canakaris, supra at 1201; Philipose v.
Philipose, 431 So.2d 698, 700 (Fla. Dist. Ct. App. 1983). In
Canakaris, the Supreme Court of Florida stated that there arises
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