Kenneth W. and Waldraut N.Hinson - Page 7




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          Ct. App. 1985).  According to the Florida Supreme Court, an award           
          of lump-sum alimony survives the death of both the obligor and              
          the obligee.  See Canakaris v. Canakaris, 382 So. 2d 1197, 1201             
          (Fla. 1980); see also Fla. Stat. Ann. sec. 61.075(2) (West 2006);           
          Filipov v. Filipov, 717 So. 2d 1082, 1084 (Fla. Ct. App. 1998).             
          Thus, it seems clear that an award of lump-sum alimony in this              
          case would not meet the requirement of section 71(b)(1)(D) for              
          deduction eligibility.                                                      
               Petitioner argues that the label of “lump-sum alimony” in              
          his divorce decree should not be conclusive.  Accordingly, he               
          directs us to caselaw discussing the reasons behind a typical               
          award of lump-sum alimony and points to the differences between             
          his situation and the cases cited by respondent.  Although                  
          applying the principle of substance over form is often                      
          appropriate, this Court is not in a position to review the trial            
          court’s specific award of “lump-sum alimony”, nor is it our place           
          to second-guess the award’s function on the record we have before           
          us.                                                                         
               Accordingly, we hold that petitioner’s deduction of the                
          $7,200 paid to his ex-wife in 2003 was improper as it did not               
          meet the definition of “alimony” under section 71(b)(1)(D).                 
               To reflect our disposition of the disputed issue,                      
                                                  Decision will be entered            
                                             for respondent.                          







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