Richard Thomas Williams - Page 4




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          of the Uniform Code of Military Justice (UCMJ).3  Under this                
          arrangement, petitioner paid Ms. Williams $27,652.41 in 2003.               
               Petitioner and Ms. Williams began divorce proceedings in               
          2005 and entered into an official Marital Settlement Agreement              
          (MSA) in May 2006.  The MSA, later incorporated into the final              
          judgment of dissolution of marriage, specified that petitioner              
          was to pay $1,080 per month, plus annual cost of living                     
          increases, to Ms. Williams as alimony.   The payments under the             
          MSA began April 1, 2005.                                                    
               Petitioner’s divorce became final in July 2006.                        
                                     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, the relevant provision of which explains:                               




               3  The Uniform Code of Military Justice can be found at 10             
          U.S.C. Subtit. A, Part II, ch. 47 (2001).                                   
               4  As the issue for decision under these facts is                      
          essentially legal in nature, we decide the instant case without             
          regard to the burden of proof.                                              





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