- 3 - Clearinghouse records reflect no payments. Each check to petitioner, however, bore a notation that it was for spousal maintenance and child support. Petitioner failed to report any amount as income from alimony or separate maintenance on her Federal tax return for 2002. Discussion As the issue for decision in this case is a question of law, section 7491(a) does not apply. Petitioner argues that under Arizona State law $30,000 of the payments that she received from Arias constitutes a “gift” to her and is not taxable. Respondent contends that the $30,000 paid by Arias constitutes income to petitioner as alimony or separate maintenance. For purposes of Federal income tax, under section 71(a), “Gross income includes amounts received as alimony or separate maintenance payments.” Section 71(b)(1) defines the term “alimony or separate maintenance payment” as any payment in cash if: (A) such payment is received by (or on behalf of) a spouse under a divorce or separation instrument, (B) the divorce or separation instrument does not designate such payment as a payment which is not includible in gross income under this section and not allowable as a deduction under section 215, (C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment isPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011