- 3 - Petitioner timely filed his Form 1040, U.S. Individual Income Tax Return, for 2004 (2004 return) as head of household, claiming $10,080 of the $16,800 deposited in the joint bank account was alimony paid to Deborah Emmel. On April 14, 2006, petitioner filed a petition for dissolution of marriage with the district court. The marriage was dissolved on May 15, 2006. The district court’s conclusions of law with respect to the dissolution of marriage stated Deborah Emmel voluntarily waived her right to obtain maintenance. On October 13, 2006, respondent issued a notice of deficiency denying petitioner’s deduction for alimony paid of $10,080 claimed on the 2004 return. Petitioner timely filed his petition with this Court on November 14, 2006. Discussion Section 215(a) provides that an individual is allowed as a deduction the amount equal to the alimony or separate maintenance payments paid during the individual’s taxable year. The term “alimony or separate maintenance payment” means any alimony or separate maintenance payment (as defined in section 71(b)) which is includable in the gross income of the recipient under section 71. Sec. 215(b). An alimony or separate maintenance payment is any payment in cash that satisfies the four requirements listed under section 71(b)(1). Sec. 71(b). The first requirement is that the payment be received by or on behalf of a spouse under aPage: Previous 1 2 3 4 5 6 NextLast modified: March 27, 2008