- 6 - 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);Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011