- 9 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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