- 8 - As explained below, we conclude that Dr. Perkins’s obligation under paragraph 14(f) of the MDA was an obligation to pay alimony in futuro, which would not have survived petitioner’s death. Consequently, the $26,400 in disability benefits petitioner received in 2003 is taxable alimony under section 71. Because the Tennessee courts have held that the definiteness or indefiniteness of an award of alimony determines whether it is alimony in solido or alimony in futuro, we begin by discussing that issue. Petitioner argues that Dr. Perkins’s obligation was alimony in solido because “the amount is calculable when awarded in that the amount to be paid to Petitioner can be calculated based upon the date that Thornton Perkins became disabled.” Respondent argues that the award was alimony in futuro because it was contingent on Dr. Perkins’s becoming disabled and because it was for an uncertain amount. We agree with respondent. When the parties entered into the MDA on July 1, 1998, Dr. Perkins’s obligation under paragraph 14(f) would have arisen only in the event that Dr. Perkins became disabled at some future time. Thus, Dr. Perkins’s very obligation to pay petitioner a portion of his disability benefits, if he ever received any, not to mention the amount of that obligation, was not fixed and definite. By that standard, Dr. Perkins’s obligation under paragraph 14(f) constituted alimony in futuro under Tennessee law. See McKee v. McKee, 655 S.W.2d 164, 165 (Tenn. Ct. App.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008