- 10 - “upon the entry of a final judgment of a lump sum award a vested right which is neither terminable upon a spouse’s remarriage or death nor subject to modification.”3 Cankaris v. Canarkis, supra at 1201. Because Mr. Reed’s obligation to make the lump-sum alimony payment would have continued after petitioner’s death, the lump- sum payment is not an alimony or separate maintenance payment as defined in section 71(b)(1). See sec. 71(b)(1)(D). We therefore hold that, contrary to respondent’s determination and petitioner’s concession, the $10,000 lump-sum alimony payment received by petitioner is not includable in her gross income under section 61(a)(8) or 71(a).4 3This is consistent with the purpose of lump-sum alimony in Florida, which may be awarded for support or vested property interests, or to ensure an equitable distribution of property acquired during the marriage. See Canakaris v. Canakaris, supra at 1201. For example, an award of the marital home may be appropriate as lump-sum alimony. See id. at 1204. 4The final agreement further provides that “The alimony received by the Wife [petitioner] from the Husband [Mr. Reed] shall be considered income to the Wife and tax deductible to the Husband.” We note that this statement has no effect on the Federal income tax treatment of the $10,000 payment in this case. It is clear that individuals may expressly exclude payments from the definition of alimony or separate maintenance payments by designating the payments as not includable under sec. 71 and not deductible under sec. 215. See sec. 71(b)(1)(B). However, the individuals in this case did not attempt to exclude the $10,000 payment from the definition. Rather, they attempted to include in the definition the payment which otherwise does not meet the requirements of sec. 71(b)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011