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Alimony deductible when "almost-exes" live together.


* Two taxpayers married in 1972. In 1994, the husband filed for a divorce and the couple signed a temporary agreement under IRC (Internet Relay Chat) Computer conferencing on the Internet. There are hundreds of IRC channels on numerous subjects that are hosted on IRC servers around the world. After joining a channel, your messages are broadcast to everyone listening to that channel.  section 71(b)(1)(A), which provided that the husband would pay the wife $2,000 a month in alimony alimony, in law, allowance for support that an individual pays to his or her former spouse, usually as part of a divorce settlement. It is based on the common law right of a wife to be supported by her husband, but in the United States, the Supreme Court in 1979  but both parties would continue to reside in the home. The husband continued to live in the home for a year and a half, but after several unsuccessful attempts at reconciliation he moved out.

The husband deducted de·duct  
v. de·duct·ed, de·duct·ing, de·ducts

v.tr.
1. To take away (a quantity) from another; subtract.

2. To derive by deduction; deduce.

v.intr.
 the monthly payments as alimony on his return. The IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws.  denied the deduction because the husband had continued to live with his wife.

The court sided with the taxpayer and held that the "residing apart" requirements apply only when the taxpayers are legally separated under a court-ordered divorce or separation decree. (Benham v. Commissioner, TC Memo 2000-165.)
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Author:Lynch, Michael
Publication:Journal of Accountancy
Geographic Code:1USA
Date:Aug 1, 2000
Words:136
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