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Johanson v. C.I.R. (9th Cir. - Sept. 3, 2008)

By Shaun Martin

As Judge Silverman put it this morning (in the midst of holding that the alimony payments at issue here were taxable to the recipient because they terminated upon death): "The fact that Weiler continues to pay spousal support after Johanson remarried does not constitute a written agreement regarding the status of payments in the event of Johanson?s death." (emphasis in original).

In other words, remarriage does not equal death. An enlightened view, to be sure.

Full post as published by California Appellate Report on September 03, 2008 (boomark / email).