John R. Ray IV and Rochelle L. Ray - Page 16

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         convenient for him to schedule his alimony payments on or                    
         immediately after his paydays.  In 2002, Mr. Ray was paid by his             
         employer on the 7th and the 21st of every month.                             
              Regardless of when the divorce was ultimately finalized, Mr.            
         Ray did not have an obligation to pay alimony under the qualifying           
         divorce instrument until April 1, 2002.  Where the payments were             
         not mandated by a qualifying divorce or separation instrument at             
         the time that they were made, the Court has construed those                  
         payments as voluntary.  Meyer v. Commissioner, T.C. Memo. 2003-12;           
         Hart v. Commissioner, T.C. Memo. 1997-11; Abood v. Commissioner,             
         supra; Dean v. Commissioner, T.C. Memo. 1981-554.  Voluntary                 
         payments do not qualify as alimony for Federal income tax                    
         purposes.  See Meyer v. Commissioner, supra; Hart v. Commissioner,           
         supra.                                                                       
              According to Mr. Ray, although the Initial Payment was made             
         prior to April 1, 2002, he fully intended it to be a part of his             
         $20,000 alimony obligation.  The Court, however, has held that               
         even if the payments made were no less in the nature of support              
         than amounts paid under a divorce decree, those payments are not             
         deductible unless there is some written agreement that creates a             
         legally enforceable right to the support payments.  Anderson v.              
         Commissioner, T.C. Memo. 1999-53; Brooks v. Commissioner, T.C.               
         Memo. 1983-304 (holding that the writing must provide adequate               







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