Alimony Payments Must Terminate at Death
Burnett, Sharon, Journal of Accountancy
IRC section 215(a) says an individual who makes alimony payments may deduct them and the recipient must include them in his or her gross income. Under IRC section 71(b)(1), payments must meet four requirements to be considered alimony:
1. They must be made pursuant to a divorce agreement.
2. The agreement must not specify different tax treatment.
3. The spouses must not be members of the same household.
4. The payor must not be liable to make additional or substitute payments after the payee spouse dies.
Richard Hawley and Jane Gilbert entered into an agreement and order of support that required Hawley to pay biweekly amounts to support …
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Publication information: Article title: Alimony Payments Must Terminate at Death. Contributors: Burnett, Sharon - Author. Journal title: Journal of Accountancy. Volume: 198. Issue: 5 Publication date: November 2004. Page number: 79+. © 2009 American Institute of CPA's. COPYRIGHT 2004 Gale Group.
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