Kenneth E. Gilmore - Page 12

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          in writing or expressly provided in the decree, the obligation to           
          pay future maintenance6 is terminated upon the death of either              
          party”.  Colo. Rev. Stat. sec. 14-10-122(2) (2003); see also                
          Menor v. Menor, 391 P.2d 473, 477 (Colo. 1964).  The Amended                
          Order does not expressly provide the payments would continue                
          after the death of Ms. Warriner, and thus without such language,            
          those payments will terminate at her death.  We conclude that               
          section 71(b)(1)(D) is satisfied for the payments provided for in           
          paragraph 3a of the Amended Order, and petitioner is entitled to            
          a deduction under section 215 for such payments.                            
               Turning to paragraph 3b of the Amended Order, the                      
          “Additional spousal maintenance [which] is ordered in the amount            
          of $1,300 per month until a total amount of $171,575.00 * * *               
          shall not be effected [sic] by marriage or death of either                  
          party.”  Under the analysis of Kean, the Amended Order                      
          specifically provides that the payments would continue after the            
          death of Ms. Warriner, thus disqualifying the payment under                 
          section 71(b)(1)(D).7  Petitioner is not entitled to a deduction            


               6   For purposes of the tax laws of the State of Colorado or           
          of any other jurisdiction, the term “maintenance” includes the              
          term “alimony”.  Colo. Rev. Stat. sec. 14-10-103(1) (2003).                 
               7   In general, payments to a former spouse terminate upon             
          the death of the former spouse.  See Colo. Rev. Stat. sec. 14-10-           
          122(2) (2003).  However, if agreed in writing or expressly                  
          provided in the decree, payments to a former spouse may continue            
          after his or her death under Colorado law.  See id.                         





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