- 8 - of the four enumerated criteria, that portion is not alimony and thus is not deductible or includable. Section 71(b)(1)(B) requires that the "divorce or separation instrument does not designate such payment as a payment which is not includible in gross income * * * and not allowable as a deduction under section 215". Ms. Burkes argues that with respect to the attorney's fees question, section 71(b)(1)(A), (B), and (D) is in dispute, and with respect to the remainder of alimony issues, section 71(b)(1)(B) and (D) is in dispute. We consider each alimony item separately. Payment of Attorney's Fees The operative language of the final divorce judgment concerning the payment of attorney's fees is as follows: "[Mr. Burkes] shall pay to * * * [Ms. Burkes] the sum of $60,000.00 as additional alimony toward attorney fees, for which sum judgment is rendered and execution may issue." Ms. Burkes argues that as a matter of Ohio law the term "alimony" can include both spousal support and property settlements. Therefore, she contends that the State divorce court use of the term alimony here is inconclusive. Mr. Burkes agrees that prior to 1991, the term "alimony", under Ohio law, could refer to either a division ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011