- 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
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