- 5 - payments failed to satisfy all of the requirements for treatment as alimony. Other adjustments to income were computational in nature. Respondent further determined that petitioner was liable for the accuracy-related penalty for negligence or disregard of rules or regulations pursuant to section 6662(a). OPINION I. Whether Petitioner Is Entitled to an Alimony Deduction Pursuant to Section 215(a) Section 215(a) allows as a deduction to the payor an amount equal to the alimony or separate maintenance payments made during the payor's taxable year. Whether a payment constitutes alimony or separate maintenance within the meaning of section 215(a) is determined by reference to section 71(b). Section 71(b) provides in pertinent part as follows: SEC. 71(b). Alimony or Separate Maintenance Payments Defined.--For purposes of this section-- (1) In general.--The term "alimony or separate maintenance payment" means any payment in cash if-- ** * * * * * * (D) there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse. Respondent argues that the contested payments in the amount of $971,684 are not alimony, and are therefore not deductible by petitioner, as they do not meet the requirements of section 71(b)(1)(D). Petitioner, on the other hand, asserts that thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011