- 4 - includable in gross income * * * and not allowable as a deduction under section 215, (C) in the case of an individual legally separated from his spouse under a decree of divorce or of separate maintenance, the payee spouse and the payor spouse are not members of the same household at the time such payment is made, and (D) there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse. Both parties agree that petitioner’s payments to his ex-wife satisfied the requirements set out in section 71(b)(1)(A), (B), and (C). Payment was made in cash, made pursuant to a “divorce or separation instrument” as described in section 71(b)(2)(C), and the payment was not ineligible for the section 71 and 215 deduction/inclusion scheme. At the time of payment, petitioner and his ex-wife were not members of the same household. The disagreement in this case is solely about whether petitioner’s payments satisfied section 71(b)(1)(D); i.e., whether petitioner’s liability to make payments would have terminated in the event of his ex-wife’s death. If the payments would have terminated in the event of his ex-wife’s death, the payments would have been “alimony”. Because it seems clear that petitioner’s payments would not have terminated in the event ofPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007