- 6 - Discussion We must decide whether all or any part of the predivorce unallocated support payments made by Mr. Hawley to Ms. Gilbert qualify as alimony to the payee spouse, Ms. Gilbert, includable in gross income under sections 61(a)(8)6 and 71(a)7 and deductible by the payor spouse, Mr. Hawley, under section 215.8 To be considered alimony unallocated support payments must conform to the requirements of section 71(b). Lovejoy v. Commissioner, 293 F.3d 1208 (10th Cir. 2002), affg. Miller v. Commissioner, T.C. Memo. 1999-273; Zinsmeister v. Commissioner, T.C. Memo. 2000-364; Gonzales v. Commissioner, T.C. Memo. 1999- 332. Section 71(b) provides in part: SEC. 71(b). Alimony or Separate Maintenance Payments Defined.-–For purposes of this section–- (1) In general.–-The term “alimony or separate maintenance payment” means any payment in cash if– 6 SEC. 61(a). General Definition.--Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items: * * * * * * * (8) Alimony and separate maintenance payments; * * * 7 SEC. 71(a). General Rule.-–Gross income includes amounts received as alimony or separate maintenance payments. 8 SEC. 215(a). General Rule.–-In the case of an individual, there shall be allowed as a deduction an amount equal to the alimony or separate maintenance payments paid during such individual’s taxable year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011