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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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Could you state the law and rule that allows men in the 35%

Resolved Question:

Could you state the law and rule that allows men in the 35% tax bracket to use the alimony deduction given their income is $180,000.00
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.
Hi and welcome to Just Answer!
Please see here a reference to the statute - http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000215----000-.html
§ 215. Alimony, etc., payments
(a) General rule In the case of an individual, there shall be allowed as a deduction an amount equal to the alimony or separate maintenance payments paid during such individual's taxable year
.

As you see there is no limitation neither because of the tax bracket nor because of the total income.
Let me know if you need any help or clarification.
Expert:  Lev replied 5 years ago.
See for reference the IRS publication 504 - http://www.irs.gov/pub/irs-pdf/p504.pdf
A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met.
--The payment is in cash.
--The instrument does not designate the payment as not alimony.
--The spouses are not members of the same household at the time the payments are made. This requirement applies only if the spouses are legally separated under a decree of divorce or separate maintenance.
--There is no liability to make any payment (in cash or property) after the death of the recipient spouse.
--The payment is not treated as child support.
You may deduct your alimony payments - alimony is reported on the form 1040 line 31a - http://www.irs.gov/pub/irs-pdf/f1040.pdf and have to include recipient's SSN.
The recipient would be expected to include the alimony into taxable income and report the amount on the line 11.
Please let me know if you need any help or clarification.
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