- 5 - (d) * * * [petitioner] shall hold * * * [Ms. Maloney] free, harmless and indemnified against any state or federal taxes due and owing in connection with the gross amount paid by the United States Navy to * * * [petitioner] less the sum of $47,900.00 which is the responsibility of * * * [Ms. Maloney]. Petitioner paid Ms. Maloney the $47,900 in 1993. Discussion We must determine whether petitioners may deduct the $47,900 payment as alimony.2 Respondent determined they could not. Petitioners must prove respondent’s determination wrong in order to prevail. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); see also Preston v. Commissioner, T.C. Memo. 1999-49, affd. in part, revd. in part and remanded 209 F.3d 1281 (11th Cir. 2000). An individual may generally deduct a payment made during the taxable year to a former spouse to the extent it is alimony that is includable in the former spouse’s gross income. See sec. 215(a) and (b). A payment is alimony that is includable in a former spouse’s gross income when: (1) The payment is made in cash, (2) the payment is received by (or on behalf of) the former spouse under a divorce or separation instrument, (3) the divorce or separation instrument does not designate that the payment is not to be treated as alimony, (4) the former spouses reside in 2 Petitioners do not dispute that this payment is includable in their gross income, relying solely on their position that it was paid to Ms. Maloney and is deductible as alimony.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011