- 3 - SPOUSAL SUPPORT/RETIREMENT: Husband shall pay to Wife as and for spousal support, alimony and maintenance, the periodic sum of SEVEN HUNDRED ($700) dollars per month, payable in one installment of $700.00 on the 20th day of each month, beginning July 20, 1993, subject to automatic termination upon (a) the Wife’s re-marriage, or (b) the death of Wife or Husband, or (c) the youngest child reaching age eighteen (18), whichever of said terminating contingencies shall first occur. Pursuant to the provision providing for spousal support, petitioner made payments to his former wife totaling $8,400 in 1995 and $8,400 in 1996. Petitioner treated the payments as alimony within the meaning of section 215(a) and deducted them from his gross income in 1995 and 1996 on his Forms 1040, U.S. Individual Income Tax Returns. Respondent determined that the payments were not deductible as alimony and issued petitioner a notice of deficiency. Discussion Pursuant to sections 71(a) and 215(a), alimony is taxable to the recipient and is deductible by the payer. Child support payments, on the other hand, are neither includable in income under section 71 nor deductible under section 215. See sec. 71(c). Alimony is 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,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011