- 4 - 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 wouldPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008