H and W enter into a separation agreement whereby H agrees to pay W S1,000 per month for her support until she dies or remarries, and a lumpsum payment of $250,000 for the release of her property rights in H's estate. The agreement is etfective even if no divorce occurs. They are divorced six months later, but the divorce court merely issues a decree of divorce. No reference is made to any payments or the separation agreement. When H later makes the payments called for by the agreement, are the transfers subject to the gift tax?