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Ex-Spouse Health Insurance Premiums Deductible as Alimony

An individual was allowed to deduct the amount of premiums paid to provide health insurance coverage for his ex-spouse as alimony. The taxpayer had agreed to pay his then spouse’s health insurance premiums, incident to a separation agreement pending divorce, through a cafeteria plan provided by the taxpayer’s employer. Subsequently, the taxpayer had excluded the amount equal to the health insurance premiums pursuant to Code Secs. 106 and 125 from his gross income and also claimed an alimony deduction pursuant to Code Secs. 62 and 215 for the portion of the premiums covering his then spouse.

Double Deduction
There was no dispute that the taxpayer was entitled to exclude the health insurance compensation from his gross income. However, the IRS had challenged the taxpayer’s attempt to also deduct the alimony payments and argued that permitting the alimony deduction would create a windfall to the taxpayer by granting him the practical equivalent of multiple deductions for the same economic outlay. The tax court held that disallowing the alimony deduction would leave the taxpayer with a greater tax burden that would counter the intended purpose and operation of the general alimony regime. Therefore, the taxpayer undisputably qualified for both the exclusion and the alimony deduction, and no double tax benefit outcome could arise when considering the alimony regime as a whole. By asking to disallow the alimony deduction where the law plainly permits the taxpayer this right, the IRS attempted to disrupt the uniformity of the general alimony regime under the guise of the double deduction rules when no such threat was present.

Deduction for Wholly Tax-Exempt Income
In addition, the IRS contended that Code Sec. 265(a) disallowed the taxpayer’s alimony deduction because it provides that an amount may not be deducted if it is allocable to wholly tax-exempt income (other than interest). The tax court, however, had never applied Code Sec. 265(a)(1) to disallow an alimony deduction, or, in any instance where the supposed exempt item of income at issue was actually included in gross income by a different taxpayer. Moreover, the alimony payments were not considered allocable to wholly tax-exempt income for Code Sec. 265 purposes as the taxpayer was required to include it in her income.

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FL - Governor proposes tax cuts in state of the state address

In his State of the State Address, Florida Gov. Ron DeSantis proposed $1.1 billion in tax cuts, the continuation of […]

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FinCEN Commences Beneficial Ownership Reporting Under Bipartisan Corporate Transparency Act

The Department of Treasury’s Financial Crimes Enforcement Network (FinCEN), has begun accepting beneficial ownership information report under the bipartisan Corporate Transparency Act, enacted in 2021. This effort requires companies doing […]

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FinCEN Commences Beneficial Ownership Reporting Under Bipartisan Corporate Transparency Act

Employee Benefit Plan Filing Extension Procedures Updated

Starting in 2024, Form 5558 is no longer used to request an extension of time to file Form 5330, Return of Excise […]

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Employee Benefit Plan Filing Extension Procedures Updated

More Than 1,000 Projects Registered Through IRS ECO Tool, IR-2024-14

The Internal Revenue Service said that more than 1,000 projects have been registered through the agency’s Energy Credits Online tool. The tool was created to help taxpayers who are taking […]

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More Than 1,000 Projects Registered Through IRS ECO Tool, IR-2024-14

IRS Encourages Taxpayers to Get Ready for 2024 Filing Season, IR-2024-1

The IRS has encouraged taxpayers to utilize tips, tools and other resources available on the IRS website to Get Ready for 2024 filing season. The agency is set to announce the start […]

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IRS Encourages Taxpayers to Get Ready for 2024 Filing Season, IR-2024-1

Transitional Guidance on Reporting of Information on Receipt of Digital Assets Announced, Announcement 2024-4, IR-2024-12

The IRS has provided transitional guidance under Code Sec. 6050I with respect to reporting transactions involving receipt of digital assets. The Service has further clarified that at this time, digital assets are not required […]

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Transitional Guidance on Reporting of Information on Receipt of Digital Assets Announced, Announcement 2024-4, IR-2024-12

IRS Updates List of Qualified Census Tracts for Qualified Mortgage Bonds and Mortgage Credit Certificates, Rev. Proc. 2024-08

The IRS has provided issuers of qualified mortgage bonds and issuers of mortgage credit certificates with an updated list of qualified census tracts for each state, the District of Columbia and Puerto Rico. […]

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IRS Updates List of Qualified Census Tracts for Qualified Mortgage Bonds and Mortgage Credit Certificates, Rev. Proc. 2024-08

IRS Announces Leadership Restructuring, IR-2023-237

The IRS Commissioner, Danny Werfel, has announced plans for new leadership structure to align with transformation goals. The updated chart, the first in two […]

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IRS Announces Leadership Restructuring, IR-2023-237

IRS: Taxpayers and Tax Professionals Should Protect Themselves from Scams, IR-2023-223, IR-2023-224, IR-2023-226, IR-2023-227, IR-2023-229

As the National Tax Security Awareness Week concludes, the IRS emphasized on the ongoing need for taxpayers and tax professionals to stay […]

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