- 5 - his ex-wife’s death, we agree with respondent that the payments were not alimony. As petitioner’s divorce decree is silent on whether his monthly payments to his ex-wife would survive her death, our analysis is guided by Florida State law. “Although Federal law controls in determining petitioner’s income tax liability * * *, State law is necessarily implicated in the inquiry inasmuch as the nature of petitioner’s liability for the payment” was based in Florida law. Berry v. Commissioner, T.C. Memo. 2000-373, affd. 36 Fed. Appx. 400 (10th Cir. 2002); see also, e.g., Sampson v. Commissioner, 81 T.C. 614, 618 (1983), affd. without published opinion 829 F.2d 39 (6th Cir. 1987). In Commissioner v. Estate of Bosch, 387 U.S. 456, 465 (1967), the Supreme Court addressed the means for determining State law in the context of a Federal tax case and stated that “the State’s highest court is the best authority on its own law.” Florida’s alimony statute specifically permits a trial court to award alimony in the form of periodic payments, lump-sum payments, or both. See Fla. Stat. Ann. sec. 61.08(1) (West 2006). “By definition, ‘lump-sum alimony’ is a fixed and certain amount, the right to which is vested in the recipient and which is not therefore subject to increase, reduction, or termination in the event of any contingency, specifically including those of death or remarriage.” Boyd v. Boyd, 478 So. 2d 356, 357 (Fla.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007