Jay Mukherjee - Page 6

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          death.  In 1986, section 71(b)(1)(D) was retroactively amended so           
          that such payments now qualify as long as termination of such               
          liability would occur by operation of State law.  Hoover v.                 
          Commissioner, supra at 845-846.                                             
               Under Georgia law, the obligation of a payor spouse to pay             
          “lump sum alimony” to the payee spouse does not cease upon the              
          payee spouse’s death, because the Georgia courts have held that             
          “lump sum alimony” is in the nature of a property settlement,               
          regardless of its designation as alimony instead of a property              
          settlement.  Winokur v. Winokur, 365 S.E.2d 94, 95 (Ga. 1988).              
          Such “lump sum alimony” may be paid either at once or in                    
          specified installments.  Id. at 96; Stone v. Stone, 330 S.E.2d              
          887 (Ga. 1985).                                                             
               In contrast to “lump sum alimony”, under Georgia law, the              
          obligation to pay periodic alimony terminates upon either the               
          death of the payor spouse or the death of the payee spouse.                 
          Winokur v. Winokur, supra at 94.                                            
              In Winokur, the Georgia Supreme Court further specified the             
         rule to be utilized in determining whether particular payments in            
         question are “lump sum alimony”, as opposed to periodic alimony.             
         It stated that “If the words of the documents creating the                   
         obligation state the exact number of payments to be made without             
         other limitations, conditions or statements of intent, the                   
         obligation is one for lump sum alimony, payable in installments.”            
         Id. at 96.                                                                   






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