Page:United States Statutes at Large Volume 98 Part 1.djvu/845

 PUBLIC LAW 98-369—JULY 18, 1984 "(i) the amount of alimony or separate maintenance payments paid by the payor spouse during the immediately preceding post-separation year, over "(ii) the amount of the alimony or separate maintenance payments paid by the payor spouse during the computation year increased by $10,000, plus "(B) a like excess for each of the other preceding postseparation years. In determining the amount of the alimony or separate maintenance payments paid by the payor spouse during any preceding post-separation year, the amount paid during such year shall be reduced by any excess previously determined in respect of such year under this paragraph. "(4) DEFINITIONS.—For purposes of this subsection— "(A) POST-SEPARATION YEAR.—The term 'post-separation year' means any calendar year in the 6 calendar year t: period beginning with the first calendar year in which the payor spouse paid to the payee spouse alimony or separate maintenance payments to which this section applies. ^3. "(B) COMPUTATION YEAR,—The term 'computation year' means the post-separation year for which the excess under J.JJ, J 4 paragraph (3) is being determined.

98 STAT. 797

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"(5) EXCEPTIONS.— "(A) WHERE PAYMENTS CEASE BY REASON OF DEATH OR

REMARRIAGE.—Paragraph (2) shall not apply to any postseparation year (and subsequent post-separation years) if^ "(i) either spouse dies before the close of such postseparation year or the payee spouse remarries before the close of such post-separation year, and "(ii) the alimony or separate maintenance payments cease by reason of such death or remarriage. "(B) SUPPORT PAYMENTS.—For purposes of this subsection, the term 'alimony or separate maintenance payment' shall not include any payment received under a decree described in subsection 0^)(2)(C). "(C)

FLUCTUATING PAYMENTS NOT WITHIN CONTROL OF

PAYOR SPOUSE.—For purposes of this subsection, the term 'alimony or separate maintenance payment' shall not include any payment to the extent it is made pursuant to a continuing liability (over a period of not less than 6 years) to pay a fixed portion of the income from a business or property or from compensation for employment or selfemployment." (b) AMENDMENT OF SECTION 215.—Section 215 (relating to deduction for alimony, etc., payments) is amended to read as follows: "SEC. 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.

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/^ 26 USC 215.

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"(b) ALIMONY OR SEPARATE MAINTENANCE PAYMENTS DEFINED.—

For purposes of this section, the term 'alimony or separate maintenance payment' means any alimony or separate maintenance payment (as defined in section 71(b)) which is includible in the gross income of the recipient under section 71. "(c)

REQUIREMENT OF IDENTIFICATION NUMBER.—The Secretary

may prescribe regulations under which—

Ante, p. 795.

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