Evelyn R. Ambrose - Page 9

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          Petitioners’ Primary Arguments                                              
               Generally, gross income includes amounts received as alimony           
          or separate maintenance payments.  Secs. 61(a)(8), 71(a).                   
          Section 71(c) provides that section 71(a) does not apply to any             
          payment that is fixed by the terms of the divorce or separation             
          instrument as payable for the support of the children of the                
          payor spouse.  If alimony is includable in the payee spouse's               
          gross income under section 71(a), the payor spouse is allowed to            
          deduct the amount of the alimony paid.  Sec. 215(a) and (b).                
               Section 71(b)(1) defines alimony or separate maintenance as            
          any cash payment meeting the four criteria provided in                      
          subparagraphs (A) through (D) of that section.  Accordingly, if             
          any portion of the money paid to Ms. Ambrose meets all four                 
          enumerated criteria, that portion is alimony.7                              

               7 Sec. 71(b)(1) provides:                                              
                    SEC. 71(b) ALIMONY OR SEPARATE MAINTENANCE PAYMENTS               
               DEFINED.--For purposes of this section--                               
                         (1) IN GENERAL.--The term "alimony or separate               
                    maintenance payment" means any payment in cash if--               
                              (A) such payment is received by (or on behalf           
                         of) a spouse under a divorce or separation                   
                         instrument,                                                  
                              (B) the divorce or separation instrument does           
                         not designate such payment as a payment which is             
                         not includible in gross income under this section            
                         and not allowable as a deduction under section               
                         215,                                                         
                              (C) in the case of an individual legally                
                                                             (continued...)           






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