Kenneth W. and Waldraut N.Hinson - Page 4




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          decree did not specify whether petitioner’s obligation to make              
          these payments would terminate upon his ex-wife’s death.                    
               In 2003, petitioner paid his ex-wife $7,200 in monthly                 
          installments per the divorce decree.  Respondent contends that              
          these payments did not qualify as alimony under the Internal                
          Revenue Code.                                                               
                                     Discussion3                                      
               Section 71(a) provides the general rule that alimony                   
          payments are included in the gross income of the payee spouse;              
          section 215(a) provides the complementary general rule that                 
          alimony payments are tax deductible by the payor spouse in “an              
          amount equal to the alimony or separate maintenance payments paid           
          during such individual’s taxable year.”                                     
               The term “alimony” means any alimony as defined in section             
          71.  Section 71(b) provides:                                                
                    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                            

               3  The issue for decision is essentially legal in nature;              
          accordingly, we decide it without regard to the burden of proof.            





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