- 7 - We must decide whether payments from John to Carol, in 2002, totaling $63,000, were alimony, a property settlement installment, or part of a guaranteed stream of payments for a fixed term to Carol or her estate. In the Agreement, the payments were specifically denominated “spousal support”. Alimony or separate maintenance payments are taxable to the recipient (section 71(a)) and deductible by the payor (section 215(a)), so the proper characterization of the payments is very significant. The correct tax treatment of any other type of payments, periodic or otherwise, is not at issue here. Alimony or separate maintenance payments are defined in section 71(b), which provides: SEC. 71. ALIMONY AND SEPARATE MAINTENANCE PAYMENTS. (a) General Rule. * * * (b) Alimony or Separate Maintenance Payments Defined.--For purposes of this section-- (1) In general.--The term ‘alimony or separate maintenance payment’ means 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011