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AICPA Exam CPA-Regulation Topic 3 Question 46 Discussion
Topic #: 3
John and Mary were divorced in 1991. The divorce decree provides that John pay alimony of $10,000 per year, to be reduced by 20% on their child's 18th birthday. During 1992, John paid $7,000 directly to Mary and $3,000 to Spring College for Mary's tuition. What amount of these payments should be reported as income in Mary's 1992 income tax return?
Choice 'b' is correct. Alimony would be income to Mary while child support would not. Funds qualify as child support only if 1) a specific amount is fixed or is contingent on the child's status (e.g., reaching a certain age), 2) it is paid solely for the support of minor children, and 3) it is payable by decree, instrument or agreement. The actual use of the funds is irrelevant to the issue. In this case, $2,000 (20% $10,000) qualifies as child support. The other $8,000 is alimony, which would be income to Mary.
Choice 'a' is incorrect. Take 80% of the $10,000 paid, not 80% of the $7,000 received by Mary.
Choice 'c' is incorrect. Only $8,000 would be alimony per the divorce decree (80% $10,000).
Choice 'd' is incorrect. The 20% reduction when the child turns 18 makes 20% of the $10,000 payment, or $2,000, child support, which is nontaxable to Mary.
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