- 12 - any later divorce decree. Respondent contends that the language in the order pendente lite is not an express directive to make homeowner’s insurance payments. We agree with respondent. A taxpayer may not deduct specific payments as alimony absent a divorce or separation instrument requiring such payments. See Taylor v. Commissioner, supra at 1138.4 Petitioner invites us to read a command into the order pendente lite that is not contained in the order. While we agree that a prudent homeowner might purchase insurance to protect his residence, that does not automatically qualify the homeowner’s insurance payments as deductible alimony expenses. Because the order pendente lite did not expressly direct petitioner to make homeowner’s insurance payments, we hold that petitioner may not deduct the payments as alimony. Based on the foregoing, we hold that petitioner’s payments to his Thrift Savings Plan, retirement plan, medical insurance carrier, and homeowner’s insurance carrier were not deductible alimony expenses for taxable year 2002. We have considered all 4We note that the regulations permit cash payments to a third party on behalf of the other spouse to qualify as alimony, provided such payments are “under the terms of the divorce or separation instrument”. Sec. 1.71-1T(b), Q&A-6, Temporary Income Tax Regs., 49 Fed. Reg. 34455 (Aug. 31, 1984).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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