- 3 - 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.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007