- 7 - Commissioner, T.C. Memo. 2003-92, affd. sub nom. Hawley v. Commissioner, 94 Fed. Appx. 126 (3d Cir. 2004); Kean v. Commissioner, T.C. Memo. 2003-163. The Court agrees with respondent that the payment at issue is not alimony under section 71(b)(1)(D) because, under the terms of the agreement and under Florida law, petitioner's obligation to make the payment would have continued if Ms. Lima had died prior to payment of the stock option proceeds. In Canakaris v. Canakaris, 382 So.2d 1197, 1201 (Fla. 1980), the Florida Supreme Court stated: Although the award of lump sum alimony is not dependent upon a finding of a prior vested right, there does arise upon the entry of a final judgment of a lump sum award a vested right which is neither terminable upon a spouse's remarriage or death nor subject to modification. It may consist of real or personal property, or may be a monetary award payable in installments. Jurisdiction may be expressly retained, however, to terminate lump sum alimony installment payments upon a spouse's remarriage or death when the parties agree to such a provision in a property settlement agreement. Further, jurisdiction may be retained to enter periodic alimony if found necessary after such termination of lump sum alimony installment payments. * * * Not only did the agreement and the divorce decree fail to provide that petitioner's obligation for payment of the stock option proceeds would terminate upon the prior death of Ms. Lima, there were also no reservations that would have allowed the parties thereafter to incorporate such a condition upon petitioner'sPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011