- 11 - 71(b)(1)(D). As enacted by DEFRA, section 71(b)(1)(D), as one of the requirements a cash payment must meet to be considered alimony, provides that the divorce or separation instrument must state that there is no liability to make a payment after the death of the payee spouse. The latter requirement was altered 2 years later by the Tax Reform Act of 1986 (TRA), Pub. L. 99-514, sec. 1843(b), 100 Stat. 2853. As a result of the TRA, if the other statutory requirements are met, even without language in the instrument a payment may be alimony if State law terminates the payor's liability at the death of the payee spouse. See Cunningham v. Commissioner, T.C. Memo. 1994-474. If Congress had intended that State law could fix the amount of child support payments where such amounts are not fixed by the terms of the divorce or separation instrument, it certainly could have made a similar change in the wording of section 71(c)(1). We conclude from the absence of such a change that Congress did not intend the interpretation that petitioner advocates. Federal Policy and Pennsylvania Court Rule Under section 215, an individual taxpayer is allowed to deduct amounts paid as "alimony or separate maintenance" as defined under section 71(b). Alimony and separate maintenance payments are includable in the gross income of the recipient under section 71.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011