Barbara A. Landreth - Page 5

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            or separate maintenance and adjusted her income accordingly,                              
            explaining:                                                                               
                  In order for the income to be tax free to you, it would                             
                  have had to have been so stated in the temporary                                    
                  support order. * * *                                                                
            Discussion                                                                                
                  Section 61 defines gross income to mean income from whatever                        
            source derived, including alimony or separate maintenance                                 
            payments.  Sec. 61(a)(8).                                                                 
                  Whether a payment constitutes alimony or separate                                   
            maintenance within the meaning of section 61(a)(8) is determined                          
            by reference to section 71.  Pursuant to section 71, a payment is                         
            alimony if, in addition to meeting other requirements, the                                
            payment is received by (or on behalf of) a spouse under a divorce                         
            or separation instrument.  Sec. 71(b)(1)(A).  For purposes                                
            relevant to the present dispute, the term divorce or separation                           
            instrument means a decree requiring a spouse to pay for the                               
            support or maintenance of the other spouse.  Sec. 71(b)(2)(C).  A                         
            decree for support includes any type of court order or decree,                            
            including an interlocutory decree of divorce or a decree of                               
            alimony pendente lite, requiring one spouse to make payments for                          
            the other spouse's support or maintenance.  Sec. 1.71-(1)(b)(3),                          
            Income Tax Regs.                                                                          
                  The dispute in this case focuses upon whether the docket                            
            sheet entry constitutes a decree, within the meaning of section                           





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