William Franklin Salzman II - Page 5




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               The term “alimony” means any alimony as defined in section             
          71.  Section 71(b) provides in part:                                        
                    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 * * * 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.                                                    
               The parties agree that petitioner’s payments to his former             
          wife satisfied the requirements set out in section 71(b)(1)(A),             
          (B), and (C).  Their disagreement is solely about whether                   
          petitioner’s payments satisfied the provisions of section                   
          71(b)(1)(D); i.e., whether his liability to make payments would             







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