Austin B. Ewell, Jr. - Page 12

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          respondent concedes that $1,050 that petitioner paid to his                 
          former spouse on December 16, 1987 was alimony.                             
               2.   Written Separation Agreement Requirement                          
               A taxpayer may deduct alimony or separate maintenance                  
          payments.  Sec. 215(a).  Alimony is any payment in cash if, among           
          other requirements, it is received by (or on behalf of) a spouse            
          under a divorce or separation instrument.  Sec. 71(b)(1)(A).                
          A divorce or separation instrument is:  (a) A decree of divorce             
          or separate maintenance or a written instrument incident to the             
          decree; (b) a written separation agreement; or (c) a decree                 
          requiring a spouse to pay for the support or maintenance of the             
          other spouse.  Sec. 71(b)(2).  No decree was in effect when                 
          petitioner made the payments at issue.  Thus, we must decide                
          whether there was a written separation agreement under section              
          71(b)(2) before December 19, 1987.                                          
               The term "written separation agreement" is not defined by              
          section 71(b)(2), its legislative history, or the Commissioner's            
          regulations.  Bogard v. Commissioner, 59 T.C. 97, 100 (1972).  A            
          written separation agreement is a clear, written statement of the           
          terms of support for separated parties.  Id. at 101.  It must be            
          a writing that constitutes an agreement.  Grant v. Commissioner,            
          84 T.C. 809, 823 (1985), affd. without published opinion 809 F.2d           
          260 (4th Cir. 1986).                                                        







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