- 13 - Under Florida law, since the payments at issue were part of a property settlement, Mr. Burns's liability for them would have survived petitioner's death. See Salsman v. Salsman, 360 So. 2d 54, 55 (Fla. Dist. Ct. App. 1978) (under separation agreement, husband was obligated to make mortgage payments on marital home that was to become wife's sole property; husband's obligation to make mortgage payments survived wife's death); see also McIntyre v. McIntyre, supra at 207 (since payor spouse's liability for periodic payments was incurred in exchange for other property rights of payee spouse, payments were property settlement and liability for them survived payor spouse's death). Pursuant to Florida law, the MSA gave petitioner a vested property right in, and Mr. Burns had a corresponding liability to petitioner or her estate for, the payments of $1,400 per month until the marital home was sold. Consequently, Mr. Burns's liability to make the payments would not have been extinguished by petitioner's death but would have continued until the marital home was sold. As a result, the payments (totaling the $16,800 received by petitioner in 2002) fail to qualify as alimony because they do not satisfy section 71(b)(1)(D). Because we hold in petitioner's favor on the foregoing basis, we do not address petitioner's contention that the MSA was the product of mistake insofar as it failed to designate that the $1,400 monthly payments were not includible in gross income underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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