Irv C. Jaffe - Page 8




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          adjustment to Ms. Jaffe's itemized deduction for medical and                
          dental expenses, due to the inclusion of $18,500 alimony in her             
          gross income for 1994.  As noted earlier, respondent filed                  
          answers in each case asserting increased deficiencies against Mr.           
          and Ms. Jaffe for the unreported dividend income.                           


                                       OPINION                                        

          The Alimony Issue.                                                          
               At issue here is the nature of the withdrawals made by Ms.             
          Jaffe during 1994 out of the jointly held account with Mr. Jaffe.           
          Amounts received as alimony or separate maintenance are                     
          includable in the recipient's gross income under sections                   
          61(a)(8) and 71(a) and are deductible by the payor under section            
          215(a) in the year paid.  On the other hand, payments                       
          representing a property settlement are neither deductible to the            
          payor nor includable in income by the recipient.  See sec. 1041.            
               For tax purposes, the term "alimony or separate maintenance            
          payment" is defined in section 71(b)(1) as any payment in cash              
          meeting the following four criteria:                                        



          4(...continued)                                                             
          Government's right to tax revenue is recognized as a valid                  
          practice.  See, e.g., Gerardo v. Commissioner, 552 F.2d 549, 555-           
          556 (3d Cir. 1977), affg. in part and revg. in part on another              
          ground T.C. Memo. 1975-341.                                                 




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