Tyrone Sharp and Alvera Sharp, a.k.a. Alvera Crockett - Page 10

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          and his former spouse were legally separated and not members of             
          the same household at the time the payments were made.                      
          Respondent contends that the payments made by petitioner under              
          the terms of the separation agreement do not terminate in the               
          event of his former spouse’s death.                                         
               In 1986, Congress removed the requirement from section                 
          71(b)(1)(D) that a divorce or separation agreement specifically             
          state that liability terminates upon the death of the payee                 
          spouse.  See Tax Reform Act of 1986, Pub. L. 99-514, sec.                   
          1843(b), 100 Stat. 2853.  Thus, payments now qualify as alimony             
          as long as termination would occur automatically under State law.           
          See Human v. Commissioner, T.C. Memo. 1998-106.                             
               Since the settlement agreement does not expressly address              
          petitioner’s liability to make the payments in the event of his             
          former spouse’s death, we look to Florida law to determine his              
          liability in that regard.  Sampson v. Commissioner, 81 T.C. 614,            
          618 (1983), affd. per curiam without published opinion 829 F.2d             
          39 (6th Cir. 1987).                                                         
               Florida law recognizes alimony as either periodic or lump              
          sum.  Fla. Stat. Ann. sec. 61.08 (West 1999); Canakaris v.                  
          Canakaris, 382 So. 2d 1197, 1200 (Fla. 1980).  “Lump sum alimony”           
          is “a fixed and certain amount, the right to which is vested in             
          the recipient and which is not therefore subject to increase,               
          reduction, or termination in the event of any contingency,                  






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