- 4 - Discussion4 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, which provides in relevant 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 includible 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 4 The issue for decision under these facts is essentially legal in nature; therefore, we decide the instant case without regard to the burden of proof.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007