- 12 - 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).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011