- 14 - 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 wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011