Toni L. Sarchett - Page 4




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          payments consistent with section II of the agreement quoted                 
          above.                                                                      
               On Form 1040, U.S. Individual Income Tax Return, for 2004,             
          petitioner claimed a deduction for “alimony paid” in the total              
          amount of $218,000.  Of that amount, $200,000 remains in dispute.           
                                       OPINION                                        
               Section 215(a) provides a deduction to an individual equal             
          to the alimony or separate maintenance payments paid during that            
          individual’s taxable year.  Section 215(b) defines alimony as any           
          payment that is includable in the gross income of the payee under           
          section 71.  Section 71(a) provides for the inclusion in income             
          of any alimony or separate maintenance payments received during             
          the taxable year.  Section 71(b)(1) defines “alimony or separate            
          maintenance payment” as 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                       
               includible in gross income under this section 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.                                             







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