To Be Tax Deductible Alimony Must Terminate On Death Of Recipient

You can read Hinson v. Commissioner, US Tax Court Summary Opinion 2007-92 (June 7, 2007) here. The code is quite clear that to be taxable income/tax deductible, alimony (maintenance) must terminate on the dearth of the payee.

You can read Hinson v. Commissioner, US Tax Court Summary Opinion 2007-92 (June 7, 2007) here. The code is quite clear that to be taxable income/tax deductible, alimony (maintenance) must terminate on the dearth of the payee. The Family Law Prof Blog reports:

The tax court, in a recent summary opinion, provides a good example for our students of the importance of careful drafting in light of the interrelationship between the tax code and state law when determining the tax consequences of divorce. In this case, the divorce decree provided that Husband would pay Wife $1200 a month in “rehabilitative alimony” and an additional $72,000 in “lump-sum alimony”, payable in installments of $600 a month. The decree did not indicate whether this lump sum
award would terminate upon Wife’s death.

Under section 71(b) of the tax code, alimony is not deductible if it does not terminate upon the payee spouse’s death. Because the Florida courts have held that an award of lump-sum alimony survives the death of both the obligor and the obligee, the alimony was not properly deductible.

Recent Posts

Lady Justice
Evidence of Abuse of Non-Subject-Matter Children Properly Admitted; Cabinet Made Reasonable Efforts at Reunification – Published Opinion from Supreme Court of Ky.
April 12, 2021
ICPC Does Not Require a Home Study for a Noncustodial Parent Who Is Not the Subject of Allegations or Findings of Abuse or Neglect – Published Opinion from Supreme Court of Ky.
March 29, 2021
UCCJEA Does Not Apply to Adoption Proceedings; Granting of Adoption Petition Affirmed – Published Opinion from Ky. Court of Appeals
March 22, 2021