Linda J. Baxter - Page 5




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          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 the            





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