Renee B. Simpson - Page 4




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          debts, was includable in petitioner's income as alimony or                  
          separate maintenance under section 71.                                      
               Gross income includes amounts received as alimony.  See                
          secs. 71(a), 61(a)(8).  Alimony is defined by section 71(b)(1) as           
          any cash payment meeting the following four criteria:                       
               SEC. 71(b)(1).  In general.--The term "alimony or                      
               separate maintenance payment" means any payment in cash                
               if--                                                                   
                    (A) such payment is received by (or on behalf of)                 
               a spouse under a divorce or separation instrument,                     
                    (B) the divorce or separation instrument does not                 
               designate such payment as a payment which is not                       
               includible in gross income under this section and not                  
               allowable as a deduction under section 215,                            
                    (C) in the case of an individual legally separated                
               from his spouse under a decree of divorce or of                        
               separate maintenance, the payee spouse and the payor                   
               spouse are not members of the same household at the                    
               time such payment is made, and                                         
                    (D) there is no liability to make any such payment                
               for any period after the death of the payee spouse and                 
               there is no liability to make any payment (in cash or                  
               property) as a substitute for such payments after the                  
               death of the payee spouse.                                             
               These requirements are limited by section 71(c), which                 
          provides that alimony shall not include any part of a payment               
          which the terms of the divorce instrument fix as a sum payable              
          for the support of the children of the payor spouse.  Thus, if              
          the payments made by Mr. Simpson to petitioner meet the                     
          requirements of the four enumerated criteria and are not fixed as           
          child support, the payments are alimony and are includable in               





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