Johnny Ayres - Page 5

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          tax return for 2002, petitioner claimed a deduction of $9,200 for           
          alimony.  In the notice of deficiency, respondent disallowed the            
          claimed $9,200 in alimony.                                                  
               Petitioner testified at trial that his former spouse “wanted           
          spousal support” and “she wasn’t really entitled to any kind of             
          property.  We had only been married for about a year, and the               
          only purchase we made during that time was a car, and I gave her            
          the car, but she wanted some support.”  This testimony, however,            
          is not corroborated by the Act of Partition referred to above or            
          by an order of the court.                                                   
               Section 71(a) provides generally that alimony payments are             
          included in the gross income of the payee spouse, and section               
          215(a) provides generally that alimony payments are deductible by           
          the payor spouse.  Section 215(b) provides in pertinent part that           
          the term “alimony” means any alimony, as defined in section                 
          71(b), which is includable in the gross income of the recipient             
          under section 71.  Section 71(b) defines alimony as follows:                

                    SEC. 71(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 includable in gross income under this section            





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