- 5 - payments made in 2003 satisfied the requirement that alimony payments be made under a divorce or separation instrument.6 See sec. 71(b)(1)(A). According to section 71(b)(2), a “divorce or separation instrument” means: (A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, (B) a written separation agreement, or (C) a decree (not described in subparagraph (A)) requiring a spouse to make payments for the support or maintenance of the other spouse. Respondent’s position is that neither the MSA nor the final judgment of dissolution of marriage was in effect for 2003, the year at issue; therefore, the payments were not made pursuant to a divorce or separation instrument. Petitioner argues that the UCMJ required him to make arrangements to support Ms. Williams, even in the absence of a court order or written separation agreement. If that were the case, the UCMJ might serve to meet section 71(b)(2)(C) and function as a decree not otherwise 5(...continued) all for the year in issue. 6 As previously stated, petitioner paid Ms. Williams $27,652.41 in 2003 to cover both alimony and child support for the couple’s minor child. Payments to support children are not deductible. Sec. 71(c). Respondent does not, however, invoke that section, but argues instead that the payments in issue do not satisfy the requirement of alimony as set forth in sec. 71(b)(1)(A).Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007