John R. Ray IV and Rochelle L. Ray - Page 15

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         been made “under” a qualified divorce or separation instrument.              
         In Wells v. Commissioner, T.C. Memo. 1998-2, by the express terms            
         of the court order, the taxpayer’s legal obligation to pay alimony           
         commenced on October 15, 1990.  In determining whether the                   
         taxpayer’s payments were made pursuant to a “written separation              
         instrument”, the Court looked to when the payments were made and             
         concluded that all payments made from January 1 through October              
         14, 1990, were not made pursuant to a “written separation                    
         instrument”.  Id.                                                            
              Similarly, in Abood v. Commissioner, T.C. Memo. 1990-453, by            
         the express terms of the court order, the taxpayer’s obligation to           
         pay alimony terminated on June 1, 1985.  The Court held that any             
         payments made thereafter were purely voluntary and hence did not             
         qualify as alimony under sections 71(a) and 215(a).  Id.; see also           
         Serednesky v. Commissioner, T.C. Memo. 1993-566 (holding that                
         taxpayer may not deduct rental payments made on behalf of his                
         former wife as alimony, because the divorce judgment specifically            
         required him to provide “housing”).                                          
              Mr. Ray testified that he was told that the divorce was final           
         after the March 13 arbitration and that he understood this to mean           
         that he had a choice of when to make the first alimony payment.              
         Mr. Ray chose to make the Initial Payment on March 22, 2002,                 
         because he wanted to “get it over with” and because it was                   







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