Marlin G. Springer - Page 13

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          I.   Terms of the Divorce Documents                                         
               Petitioner argues that the divorce documents provided for              
          termination of the annual payments on the death of Ms. Springer.            
          Petitioner notes that the documents specifically state that the             
          monthly payments of $1,500 would terminate on the death of either           
          party or the remarriage of Ms. Springer, whereas the annual                 
          payments would not terminate on the death of petitioner or the              
          remarriage of Ms. Springer.  Petitioner contends that the only              
          reasonable interpretation of the two provisions is that the                 
          annual payments would also terminate on the death of Ms.                    
          Springer.                                                                   
               Respondent contends that the annual payment of $50,000 is              
          not deductible as alimony by petitioner because the divorce                 
          documents do not specifically state that the annual payments                
          would terminate on the death of Ms. Springer.  Respondent claims            
          that the annual payment provision should be analyzed separately             
          from other payments and property transfers included in the                  
          marital settlement.  Respondent argues that the $50,000 payment             
          made in 1996 is not deductible if only the language relating to             
          the annual payments is considered.                                          
               Generally, different types of payments made pursuant to a              
          divorce decree are not treated as part of a single stream of                
          payments, but rather each type of payment is analyzed separately            
          to determine its proper characterization.  Oman v. Commissioner,            






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