- 5 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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