Virginia M. Marten - Page 6




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               Former section 71(a)(1) provided:                                      
               If a wife is divorced or legally separated from her                    
               husband under a decree of divorce * * *, the wife’s                    
               gross income includes periodic payments * * * received                 
               after such decree in discharge of * * * a legal                        
               obligation which, because of the marital or family                     
               relationship, is imposed on or incurred by the husband                 
               under the decree or under a written instrument incident                
               to such divorce or separation.                                         
          Section 215 generally allows a husband a deduction for payments             
          made to his wife which are includable in his wife’s gross income            
          under section 71.                                                           
               To qualify as alimony under the applicable version of                  
          section 71(a)(1), the payments must be (1) imposed or incurred by           
          the husband under a decree of divorce or separation or a written            
          instrument incident to such divorce or separation, (2) the                  
          payments must be made in discharge of a legal obligation based on           
          the marital or family relation, and (3) the payments must qualify           
          as periodic payments.                                                       
               Mr. Lane’s premium payments were periodic and pursuant to              
          the support decree and modified decree.   Life insurance premiums           
          qualify as payments discharging an imposed obligation within                
          section 71(a) when (1) the former wife is named as the                      
          beneficiary and (2) she is the owner of the policy with the                 
          former husband retaining no incidents of ownership.  See Hyde v.            
          Commissioner, 301 F.2d 279, 281 (2d Cir. 1962), affg. 36 T.C. 507           
          (1961); Stewart v. Commissioner, 9 T.C. 195, 197, 198 (1947);               






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