- 10 - U.S. 78, 80 (1940); Kean v. Commissioner, T.C. Memo. 2003-163, affd. 407 F.3d 186 (3d Cir. 2005); Gilbert v. Commissioner, T.C. Memo. 2003-92, affd. sub nom. Hawley v. Commissioner, 94 Fed. Appx. 126 (3d Cir. 2004). As the MSA does not explicitly address Mr. Burns's liability to make the $1,400 monthly payments in the event of petitioner's death, we must determine his post mortem obligations under Florida law. Under Florida law, where (as here) no minor children are involved, periodic payments incident to divorce are generally either alimony, which is in the nature of support and terminates on the death of either spouse by operation of law (absent express agreement to the contrary),6 or part of property settlement rights, which are vested and survive the death of either former spouse7. See O'Malley v. Pan Am. Bank, N.A., 384 So. 2d 1258, 1260 (Fla. 1980). The description of the payments 5(...continued) qualified divorce instrument specifically provide that the alimony obligation would cease at the payee's death. In the Tax Reform Act of 1986, Pub. L. 99-514, sec. 1843(b), 100 Stat. 2853, Congress amended sec. 71(b)(1) to eliminate the specific writing requirement where alimony terminates at the payee's death or remarriage by operation of State law, effective for payments made under a divorce or separation instrument entered or executed after Dec. 31, 1984. 6 See, e.g., Eagan v. Eagan, 392 So. 2d 988, 989 (Fla. Dist. Ct. App. 1981); Ford v. First Natl. Bank, 260 So. 2d 876, 877 (Fla. Dist. Ct. App. 1972). 7 See, e.g., Scholem v. Scholem, 629 So. 2d 246 (Fla. Dist. Ct. App. 1993); Kuhnke v. Kuhnke, 556 So. 2d 1121 (Fla. Dist. Ct. App. 1989).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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