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Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: The judge ok it

[Re: stuckinarut]
#520373 - 04/05/09 01:03 AM

Can a Judge issue such an order that makes alimony non-taxable? Yes.

The Internal Revenue Code defines "alimony" or "separate maintenance payments." IRC §71

According to the regulations NONALIMONY TREATMENT IS PERMITTED if the divorce agreement designates the payments as not includable in income and not allowable as a deduction.

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Yes_Dad
Carpal \'Tunnel

Reged: 08/23/08
Posts: 7406

Re: Tax Free Maintenance

[Re: stuckinarut]
#540837 - 06/02/09 05:32 AM

Quote:

My accountant knew I was paying her tax free maint which was court ordered...so he put it as charity so I could claim it!

You are going to have to pay it back (with fines) and refile and your CPA will probably lose his license. Someone or thing needs to be designated as a charity. Just because I think my ex is charity case, the IRS dosen't.

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