Randolph John Beale - Page 8




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                  Section 71(a)(1)5 provides for inclusion in the payee                                
            spouse's gross income of periodic payments received by that                                
            spouse pursuant to a decree of divorce or separate maintenance in                          
            discharge of a legal obligation imposed on or incurred by the                              
            payor spouse under the decree or under a written instrument                                
            incident to the divorce or separation.  Child support payments                             
            are generally not includable in the payee spouse's income and are                          
            not deductible by the payor spouse.  When the decree, instrument,                          
            or agreement incident to the divorce covers both alimony payments                          
            to the payee spouse and child support payments, those periodic                             
            payments are deductible by the payor spouse, and taxable to the                            
            payee spouse, unless the terms of the decree, instrument, or                               
            agreement fix an amount for the support of the minor children of                           
            the former spouses.  See sec. 71(b);6 Commissioner v. Lester, 366                          

                  5SEC. 71.  ALIMONY AND SEPARATE MAINTENANCE PAYMENTS.                                
                  (a) General Rule.--                                                                  
                        (1) Decree of Divorce or Separate Maintenance.–If a                            
                  wife is divorced or legally separated from her husband under                         
                  a decree of divorce or of separate maintenance, the wife's                           
                  gross income includes periodic payments (whether or not made                         
                  at regular intervals) received after such decree in                                  
                  discharge of (or attributable to property transferred, in                            
                  trust or otherwise, in discharge of) a legal obligation                              
                  which, because of the marital or family relationship, is                             
                  imposed on or incurred by the husband under the decree or                            
                  under a written instrument incident to such divorce or                               
                  separation.                                                                          
                  6SEC. 71.  ALIMONY AND SEPARATE MAINTENANCE PAYMENTS.                                
                                                                         (continued...)                





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