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Topic 25 - Alimony

Student instructions: 

You may need acrobat reader to download forms and publications online.

Use IRS Publication 504, California 540A / 540 Booklet and FTB Alimony Law Summary to complete this topic.

Prepare  Form 1040, Schedule A, California Form 540, and Schedule CA.

Laura must pay her former husband or his estate $20,000 in cash each year for 10 years. The death of her former spouse would not terminate these payments under state law. Laura's former spouse's name is Melvin Davis (SSN 570-88-9521). Laura does not have any children and she remains divorced.

Laura made the following estimated payments:

bullet For Federal $6,254.00
bullet For California $4,923.00

Use the following information and Form W-2 to complete return:

 

1. Look at the Form 1040 you prepared for Laura Sanders. What is the amount on Form 1040, Line 37?

a. $ 102,075.
b. $ 82,075.
c. $ 62,075. 
d. None of the above.

2. Look at the Form 1040 you prepared for Laura Sanders. What is the amount on Form 1040, Line 74a?

a. $ -0-.
b. $ 6,443.
c. $ 1,443. 
d. None of the above.

3. Todd and Susan divorced on September 1, 2007. As part of the divorce decree, beginning in September, Todd was to make payments of $2,000 per month for the balance of the year to Susan's doctor for recent medical expenses; child support payments of $500 per month, and $1,500 a month for the mortgage payment on a jointly owned home. Susan and the children continue to live in the home. What is the amount that Todd can deduct as alimony for 2007?

a. $8,000.
b. $11,000.
c. $4,200.
d. $9,600.

4. Which of the following items may be considered alimony?

a. Non-cash property settlement.
b. Payments you made under a written separation agreement for the mortgage and real estate taxes on a home you owned by yourself and in which your former spouse lived rent-free.
c. Payments made to a third party on behalf of the former spouse for the former spouse's medical expenses.
d. Payments that are your spouse's part of community income.

5. Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include

a. voluntary payments that are not made under a divorce or separation instrument.
b. payments for your spouse's medical expenses.
c. payments for your spouse's housing costs (rent, utilities, etc.), taxes, tuition.
d. premiums you must pay under your divorce or separation instrument for insurance on your life to the extent your spouse owns the policy.

6. The term "divorce or separation instrument" means a decree of divorce or separate maintenance or a written instrument incident to that decree, a written separation agreement, or a decree or any type of court order requiring a spouse to make payments for support or maintenance of the other spouse.

True False

7. A property transfer is incident to your divorce if the transfer occurs within one year after the date your marriage ends, or is related to the ending of your marriage. If the property transfer is made under your original or modified divorce or separation instrument and the transfer occurs within 6 years after the date your marriage ends, then the property transfer is

a. Is not alimony.
b. Related to the ending of marriage.
c. not related to the ending of marriage.
d. None of the above.

8. If you must pay all the mortgage payments (principal and interest) on a jointly-owned home, and they otherwise qualify, you

a. cannot deduct any of the payments as alimony.
b. can deduct one-half of the total payments as alimony.
c. you can deduct one-half of the total payments as child support.
d. none of the above.

9. If you must pay all the real estate taxes or insurance on a home held as tenants in common, you

a. can deduct one-half of these payments as alimony.
b. cannot deduct any of the payments as alimony.
c. you can tell your spouse that she does not need to report her half of these payments as alimony received.
d. none of the above.

10. Not all payments under a divorce or separation instrument are alimony. Alimony does not include

a. child support.
b. non-cash property settlements.
c. payments that are your spouse's part of community income.
d. all of the above.

11. 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. Which of the following is not one of the requirements that must be met.

a. The payment is in cash.
b. The instrument does not designate the payment as not alimony.
c. The spouses are not members of the same household at the time the payments are made only if they are legally separated under a decree of divorce or separate maintenance.
d. Must hold a valid divorce decree.

12. If you are not legally separated under a decree of divorce or separate maintenance, a payment under a written separation agreement, support decree, or other court order

a. does not qualify as alimony if you are members of the same household when the payments are made.
b. may qualify as alimony even if you are members of the same household when the payments are made.
c. qualifies as alimony if spouse includes it in income.
d. none of the above.

13. If the transfer of property between former spouses is because of divorce, there is

a. No recognized gain or loss on the transfer of property between spouses.
b. There is recognized gain and it is considered alimony.
c. A gain if the transfer was in exchange for cash.
d. A gain if the transfer was in exchange for assumption of liability.

14. You and your spouse can designate that otherwise qualifying payments are not alimony. You do this by including a provision in you divorce or separation instrument that states that payments are not deductible as alimony by you and are excludable from your spouse's income. Your spouse can exclude the payments from income only if

a. he or she faxes a copy to the IRS and writes "Attention IRS district director" and tell him to designate the payments.
b. he or she calls the IRS to let them know that alimony does not need to be included.
c. he or she attaches a copy of the instrument designating the payments as not alimony to his or her return.
d. he or she does not do anything because as long as a credit is not taken then income does not need to be included.

15. A payment that is specifically designated as child support or treated as specifically designated as child support under your divorce or separation instrument in not alimony. The designated amount or part may vary from time to time. Child support payments are

a. Taxable to the recipient.
b. Neither deductible by the payer nor taxable to the payee.
c. Deductible by the payer.
d. None of the above.

16. You must pay your former spouse or your former spouse $15,000 in cash each year for 10 years. The death of your spouse would not terminate these payments under state law. The $15,000 annual payments

a. are alimony.
b. are not alimony because the payments will not end upon former spouse's death.
c. are alimony because they end at spouse's death.
d. None of the above.

17.  A contingency relates to your child if it depends on any event relating to that child. An event relating to your child is

a. a child becoming employed.
b. a child dying.
c. a child marrying.
d. all of the above.

18. Your payments may be subject to the recapture rules if they

a. decrease or terminate during the first three calendar years.
b. decrease or terminate during the first calendar year.
c. decrease or terminate during the first two calendar years.
d. decrease or terminate during the first five years.

19. A payment will be treated as specifically designed as child support to the extent that the payment is reduced

a. on the happening of a contingency relating to your child.
b. at the time that can be clearly associated with the contingency.
c. Either A or B above.
d. None of the above.

20. The reasons for a reduction or termination of alimony payments that can require a recapture is

a.  a change in your divorce or separation instrument.
b. a failure to make timely payments.
c. a reduction in your ability to provide support or a reduction in your spouse's support needs.
d. all of the above.

21. You are subject to the recapture rules in the third year if the alimony you pay in the third year decreases by more than

a. $10,000 from the second year.
b. $15,000 from the second year.
c. $5,000 from the second year.
d. $2,000 from the second year.

22. When you figure a decrease in alimony, do not include

a. payments made under a temporary support order.
b. payments required over a period of at least 3 calendar years of a fixed part of your income.
c. Payments that decrease because of the death of either spouse or the re-marriage of the spouse receiving the payments.
d. all of the above.

23. Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include payments that are not made under a divorce or separation agreement.  Alimony

a. is deductible by the payer.
b. must be included in spouse's or former spouse's income.
c. both a and b.
d. none of the above.

24. You can deduct alimony you paid

a. only if you itemize deductions on your return.
b. whether or not you itemize deductions on your tax return.
c. on Form 1040A.
d. on Form 1040EZ.

25. When reporting alimony received, report it on

a. line 11 of Form 1040.
b. line 11 of Form 1040A.
c. line 11 of Form 1040EZ.
d. either a or b are correct.

26. If you are a U.S. citizen or resident and you pay alimony to a nonresident alien spouse, you may have to withhold income tax on each payment at a rate of

a. 15%.
b. 20%.
c. 25%.
d. 30%.

27. The following do not qualify as payment of alimony, except for

a. transfers of services or property (including a debt instrument of a third party or an annuity contract).
b. execution of a debt instrument by the payer.
c. the use of property.
d. cash, check and money orders payments.

28. A payment to or for a spouse under a divorce or separation instrument is alimony if

a. The spouses do not file a joint return.
b. The instrument does not designate the payment as not alimony.
c. There is no liability to make any payment (in cash or in property) after death of the recipient spouse. 
d. All of the above.

29. If you get a final decree of divorce or separate maintenance by the end of your tax year, you

a. cannot deduct contributions you make to your former spouse's traditional IRA.
b. cannot deduct contributions to your own traditional IRA.
c. can deduct contributions you make to your former spouse's traditional IRA.
d. Both a and b are correct.

30. Payments that  are specifically designated as child support or treated as specifically designated as child support under your divorce or separation instrument are

a. alimony payments.
b. not alimony payments.
c. only part child support payments.
d. only part alimony payments.

31. Look at the Form 540 you prepared for Laura Sanders. What is the amount on Form 540, Line 17?

a. $ 102,075.
b. $ 82,075.
c. $ 62,075. 
d. None of the above.

32. Look at the Form 540 you prepared for Laura Sanders. What is the amount on Form 540, Line 66?

a. $ 625.
b. $ 2,545.
c. $ 2,485. 
d. None of the above.

33. Recipient spouse must include in gross income payments received by (or on behalf of) a spouse under a divorce or separation instrument that does not designate the payments as not includable in the payee's gross income and not allowable as an alimony deduction.

True False

34. To be deductible as alimony

a. Payments must be made pursuant to an enforceable legal obligation.
b. Payments must be made due to a perceived moral obligation.
c. Payments that are voluntary would suffice. 
d. All of the above.

35. Support payments made pursuant to a voluntary moral agreement and not pursuant to a currently enforceable judicial order are neither deductible by the payer nor includable within the income of the recipient.

True False

36. If annual payments covering alimony and child support are less than the total annual amount payable, the payments are

a. First applied to non-deductible child support payments.
b. First applied to alimony.
c. Neither applied to child support nor to alimony.
d. None of the above.

 37. The fact that the taxpayer resided in the same house as his/her ex-spouse does not disqualify the taxpayer for a deduction for any payment made as alimony.

True False

38. If payments on a loan for an automobile awarded to the payer's former spouse where the loan was a joint obligation of the parties and the payer was instructed by the divorce court to make the payments, the payments are

a. Alimony.
b. Not alimony.
c. Child support. 
d. Both a and c are correct.

39. If the divorce decree or separation instrument provides for "family support", and no amounts of the family support are designated as child support, the

a. Entire payment is includable in the recipient's taxable income.
b. Entire family support payments are deductible as alimony.
c. None of the payments are includable in the recipient's taxable income or deductible as alimony. 
d. Both A and B are correct.

40. If you are a nonresident alien and did not deduct alimony on your federal return, enter

a. Enter the amount you paid in column B of Schedule CA (540).
b. Do not enter the amount your paid in column C of Schedule CA (540).
c. Enter the amount you paid in column C of Schedule CA (540).
d. None of the above.

 

 

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