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3-38 Alimony. As a result of their divorce, Fred agreed to pay alimony to Tammy of $20,000 per year. The payments are to cease in the event of Fred’s or Tammy’s death or in the event of Tammy’s remarriage. In addition, Tammy is to receive their residence, which cost them $100,000 but is worth $140,000. a. How will the $20,000 payments be treated by Fred and Tammy if covered by prior law? b. How will the payments be treated if the divorce is covered by new law? c. What is Tammy's basis in the residence? d. What role would a tax adviser play in a divorce?

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Answer:

a. How will the $20,000 payments be treated by Fred and Tammy if covered by prior law? b. How will the payments be treated if the divorce is covered by new law? c. What is Tammy's basis in the residence? d. What role would a tax adviser play in a divorce?

Explanation:

a. For Fred, the 20,000 must be included in income. There is no deduction for paying alimony.  For Tammy, the amount is not included in income.

b. If the divorce was complete prior to December 31, 2018, Fred  can deduct the $20,000 payments as alimony.   If the divorce was complete prior to December 31, 2018, Tammy  must include the $20,000 payments in gross income.

c. It's $100.000,00

d.  Tax advisors are responsible for determining the value of property given in lieu of cash for an alimony payment.

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