- 12 - The facts of the case indicate that petitioner furnished over one-half of the costs of maintaining the household at the marital home (e.g., he paid the mortgage, real estate taxes, and utilities). Petitioner’s marital home constituted a household that was the principal place of abode for at least one-half of the year for all three of his children, for whom he is entitled to dependency exemption deductions under section 151, as discussed above. Accordingly, petitioner is eligible for head- of-household filing status. Issue 3. Alimony A taxpayer is allowed as a deduction an amount equal to the amount paid that constitutes “alimony”5 or a “separate maintenance [payment]” paid during his taxable year under section 215(a). Alimony is defined as a payment in cash that satisfies a four-part test set forth in section 71(b)(1). Respondent does not dispute that petitioner was responsible for paying alimony to Ms. Richards, and we are satisfied that the payments constitute alimony for purposes of sections 215 and 71(b). Respondent disputes the amount petitioner claimed as an alimony deduction on his amended return. Payments that constitute support of minor children are not included in the definition of alimony and are not deductible. Secs. 71(c), 215(b). If any payment that is made is less than 5 The Order refers to the payments as “alimony”.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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