Donald Richard Lowe - Page 6

                                        - 5 -                                         
          Sec. 1.71-1T(c), Q&A-17, Temporary Income Tax Regs., 49 Fed. Reg.           
          34451, 34456 (Aug. 31, 1984) (emphasis added).                              
               According to respondent, the payments are child support,               
          and, therefore, petitioner is not entitled to an alimony                    
          deduction for making the payments.                                          
               Petitioner points out that the payments fit within the                 
          definition of alimony as set forth in section 71(b)(1):  (1) The            
          payments were made pursuant to a divorce decree; (2) the divorce            
          decree did not designate the payments as ones that are excluded             
          from treatment as alimony under section 71 and section 215; (3)             
          petitioner and Ms. Lowe were legally separated and not members of           
          the same household during the year 2000; and (4) petitioner was             
          not obligated to make the payments after Ms. Lowe’s death.                  
               Petitioner’s position, however, fails to take into account             
          the provision in the agreement that provides that the payments              
          are subject to termination in the event that Ms. Lowe does not              
          continue to care for Michael.  This contingency is clearly                  
          related to petitioner’s son Michael.  Therefore, for Federal                
          income tax purposes, the payments are considered child support              
          and not alimony.  Respondent’s disallowance of petitioner’s                 
          alimony deduction is, therefore, sustained.                                 
               Reviewed and adopted as the report of the Small Tax                    
          Division.                                                                   








Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011