- 11 - Here, petitioners acknowledge that the applicable divorce documents are the 1995 decree and the 1997 decree (collectively, the decrees) and that the decrees conflict with section 71(b)(1)(D) in that they state that, upon Okerson’s death, petitioner must continue to make payments in the same amount as the payments which he must pay before her death. Petitioners argue, however, that the intent of the State court was to allow petitioner to deduct the $117,000 and $33,500 as alimony. Petitioners consider relevant the fact that petitioner paid both of these amounts during Okerson’s lifetime and that he never had to pay any of the post death payments described in the decrees. Petitioners focus erroneously on the intent of the State court as support for their argument that they are entitled for Federal income tax purposes to deduct the disputed payments as alimony. While State law establishes the property interests of divorcing parties, Federal law controls the Federal income tax treatment of those interests. Hoover v. Commissioner, supra at 844. Here, the applicable Federal law is set forth in section 71, which, in its present form, provides the exclusive means by which a taxpayer may deduct a payment as alimony for Federal income tax purposes. Id. at 844-845. Through that section, Congress eliminated any consideration of intent in determining the deductibility of a payment as alimony in favor of a more straightforward, objective test that rests entirely on thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011