- 5 - Discussion Gross income includes amounts received as alimony. See secs. 71(a), 61(a)(8). Amounts includable as alimony in a payee spouse's gross income are deductible to the payor spouse. See secs. 71, 215. There is no dispute among the parties on these points. Linda and Ray, of course, disagree as to the characterization of the payments for Federal income tax purposes. Respondent now takes the position that the payments fit within the definition of alimony. The definition of alimony for Federal income tax purposes is contained in section 71(b)(1). A payment constitutes alimony within the meaning of that section if the payment is made in cash (including checks and money orders payable on demand, see sec. 1.71-1T(a), Temporary Income Tax Regs., 49 Fed. Reg. 34455 (Aug. 31, 1984)), and (1) such payment is received by (or on behalf of) a spouse under a divorce or separation instrument; (2) the divorce or separation instrument does not designate such payment as a payment that is not includable in the payee's gross income under section 71 and is not allowable as a deduction to the payor under section 215; (3) if the individual and the spouse are legally separated, they are not members of the same household; and (4) the payor has no liability to make any such payment for any period after the death of the payee. See secs. 71(b), 215(b). The parties agree that the payments satisfy all but thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011