Doris Neill Mozley - Page 7




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         1996), affg. T.C. Memo. 1995-183.  In determining whether payments           
         constitute alimony or a division of property, we are not bound by            
         the labels assigned to the payments by the parties in their                  
         agreement.   See Hesse v. Commissioner, 60 T.C. 685, 691 (1973),             
         affd. without published opinion 511 F.2d 1393 (3d Cir. 1975).  On            
         the other hand, in deciding the character of an award in a divorce           
         or separation decree, we give great weight to the language and               
         structure of the decree.  See, e.g., Griffith v. Commissioner, 749           
         F.2d 11, 13 (6th Cir. 1984), affg. T.C. Memo. 1983-278.  Whether             
         payments represent support or a property settlement is a question            
         of the parties’ intent.  See Hoover v. Commissioner, supra at 845.           
         We ascertain this intent not only from the underlying agreement but          
         from the particular facts and circumstances involved.  See, e.g.,            
         Boucher v. Commissioner, 710 F.2d 507, 509 (9th Cir. 1983), affg.            
         T.C. Memo. 1981-258.                                                         
              This Court has frequently looked to State law in considering            
         whether payments between spouses constitute alimony or a property            
         settlement.  See Yoakum v. Commissioner, 82 T.C. 128, 140 (1984).            
         Here, the applicable State law is that of North Carolina, and we             
         therefore look to the law of that State.  Under North Carolina law           
         (as existing at the time of petitioner’s  divorce), military                 
         retirement pay was the separate property of the spouse who had               
         served in the military (here, Mr. Mozley) and was not subject to             








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