- 7 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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