T.C. Memo. 2006-105 UNITED STATES TAX COURT CAROL A. JOHANSON AND ALFRED F. MELZIG, JR., Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2490-05. Filed May 15, 2006. C and J entered into a Marital Settlement Agreement in connection with a divorce terminating their marriage, which was characterized as a marriage of long duration under California law. Cal. Fam. Law Code sec. 4336 (West 2004). The Agreement provided that J would make monthly spousal support payments of $5,250 each from a date specified in the Agreement through October 31, 2010. The Agreement contained no provision regarding continuation or termination of the payments in the event of C’s death before November 1, 2010. The Cal. Fam. Law Code, sec. 4337, provides that in the absence of an agreement in writing, support payments terminate upon the death of the payee spouse. Sec. 71(b)(1)(D), I.R.C., provides that to constitute alimony or separate maintenance payments, there must be no liability to make any such payment for any period after the death of the payee spouse.Page: 1 2 3 4 5 6 7 8 9 10 11 Next
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