John F. Daugharty and Sarah R. Daugharty - Page 19

                                                - 19 -                                                   

            gross income under section 71.  Yoakum v. Commissioner, supra at                             
            134.6                                                                                        
                  Thus, if the payments in the instant case constitute                                   
            alimony, then Faye must include these amounts in income,7 and                                
            John and Sarah may deduct them pursuant to section 215(a).                                   
            Alternatively, if the payments represent a property settlement,                              
            then Faye need not include these amounts in income, and John and                             
            Sarah are not entitled to deduct them.  Respondent has protected                             




                  6The provisions of sec. 71(a) applicable to this case                                  
            provided:                                                                                    

                        (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.                                                                         

                  Secs. 71 and 215 were amended by sec. 422(a) and (b) of the                            
            Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 795, 797.                            
            The 1984 amendments apply to divorce or separation instruments                               
            modified on or after Jan. 1, 1985, if the modification provides                              
            that the 1984 amendments govern.  The amendments do not apply to                             
            this litigation.                                                                             
                  7In addition to sec. 71(a), sec. 61(a)(8) requires a                                   
            taxpayer to include "Alimony and separate maintenance payments"                              
            in gross income.                                                                             




Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011