Richard Thomas Williams - Page 6




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          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).                                                                





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