- 7 - and not allowable as a deduction under section 215, (C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and (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. If any portion of the payments made by petitioner fails to meet any one of the four enumerated criteria, that portion is not alimony and thus is not deductible by petitioner. Moreover, payments made for child support are not deductible under section 215. Sec. 71(c). Child support is that part of the payment which the terms of the divorce instrument fixed as payable for the support of the children of the payor spouse. Sec. 71(c)(1). An amount is treated as fixed under section 71(c)(1) if it will be reduced on the happening of a contingency specified in the divorce instrument relating to a child (such as attaining a specified age, marrying, dying, leaving school, or a similar contingency) or at a time which can clearly be associated with a contingency related to the child. Sec. 71(c)(2). Respondent argues that the family support payments made by petitioner fail to qualify as deductible alimony. In making thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011