Dennis E. and Paula W. Lofstrom - Page 8

                                        - 8 -                                         


          A.   Deduction for the Value of the Contract for Deed                       
               Next, we address whether petitioners are entitled to deduct            
          as alimony $29,000 for the value of a contract for deed that                
          Mr. Lofstrom transferred to Dorothy in 1997.  Alimony (or                   
          separate maintenance) payments are deductible from income by the            
          payor and includable in the income of the payee.  Secs. 61(a)(8),           
          71(a), 215(a) and (b).  The payments must meet certain                      
          requirements to be deductible, however.  See secs. 71, 215.                 
               Among those requirements,6 payments must be made in cash or            
          a cash equivalent.  See sec. 71(b)(1).  A check or money order              
          that is payable on demand is a cash equivalent.  A debt                     
          instrument that is transferred is not.  Sec. 1.71-1T(b), Q&A-5,             
          Temporary Income Tax Regs., 49 Fed. Reg. 34455 (Aug. 31, 1984).             
               This is the first time that this Court is asked to address             
          whether the transfer of a third-party debt instrument satisfies             
          the requirements to qualify as alimony.  Specifically, we address           
          whether the “contract for deed” that Mr. Lofstrom transferred to            




               6Other requirements are that the alimony must be received by           
          a spouse under a divorce or separation instrument, the payments             
          cannot be designated in the divorce or separation instrument as a           
          payment for something other than alimony, the payee spouse and              
          the payor spouse must not be members of the same household at the           
          time of payment, and the payments must terminate at the death of            
          the payee spouse.  Sec. 71(b)(1)(A)-(D).                                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011