Evelyn R. Ambrose - Page 2

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          penalties pursuant to section 6662(a)1 in the amounts of $7,170             
          and $7,648, respectively.  Respondent also determined                       
          deficiencies in petitioner Wade B. Ambrose's 1990 and 1991                  
          Federal income tax of $58,800 and $67,053, respectively, and                
          accuracy-related penalties pursuant to section 6662(a) in the               
          amounts of $11,760 and $13,411, respectively.  These cases were             
          consolidated for purposes of trial, briefing, and opinion.2                 
          After concessions, the issues for our consideration are:  (1)               
          Whether amounts paid as "family support" pursuant to a decree by            
          a State court were alimony and therefore deductible by Wade B.              
          Ambrose under section 215, or whether they were child support and           
          excludable from Evelyn R. Ambrose’s gross income; and (2) whether           
          Wade B. Ambrose is liable for the accuracy-related penalty for              
          negligence or intentional disregard of rules or regulations                 
          pursuant to section 6662(a) for the taxable years 1990 and 1991.3           






               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               2  Respondent has placed herself in the role of a                      
          stakeholder to the extent that she merely seeks consistent                  
          treatment regarding the parties in controversy.                             
               3 The parties have stipulated that Evelyn R. Ambrose is not            
          subject to the accuracy-related penalties.                                  




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