- 9 - obligation of John under the Agreement, which, as previously stated, was incorporated by reference into the Superior Court’s Judgment of Dissolution, will terminate under the California statute if Carol dies during the term of his obligation. Payments which are a property settlement are not taxable to the recipient under section 71. Hoover v. Commissioner, T.C. Memo. 1995-183, affd. 102 F.3d 842 (6th Cir. 1996). Petitioner seeks to convince us that “this stream of cash payments, totaling nearly $900,000, payable in 181 monthly installments, was for * * * [Carol’s] 25 percent ownership interest in * * * Sea Supreme”. There is nothing in the Agreement that remotely connects the $5,250 monthly spousal support payments to Carol to her interest in Sea Supreme. The Agreement recites that John estimated the value of Sea Supreme to be “in the vicinity of $1.2 million”, and that “Carol agrees with this valuation”. Since, previous to the divorce, Carol owned 25 percent of Sea Supreme, the value of her interest would be in the neighborhood of $300,000, a far cry from the total support payments Carol expected to receive under the Agreement. The Agreement recites, under “EQUALIZATION PROVISION”, that “the Parties agree that the terms of this agreement constitute a fair and equal division of the assets and debts and that neither party owes an equalization payment to the other”. The AgreementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011