CALIFORNIA FAMILY LAW
...Income Tax Matters
......Spousal Support
.........Deductibility
............Fixed or Lump Sum Pymnt
5 Cards On This Topic:
  • Payment of fixed or principal sum may be deductible as spousal support.
  • As parties did not specify in agrmt that modified pre-1984 judgment that new IRC 71 applied per DEFRA, trial ct. correctly determined they were not entitled to deduct lump sum alimony payment.
  • Congress intended to prevent deduction of large, one-time lump-sum property settlements.
  • Attorney fees paid to ex-spouse's attorney are not deductible as alimony as obligation does not terminate upon death of ex-spouse.
  • Lump sum payment made simultaneously with execution of MSA not deductible as alimony.