Sherry P. Aude - Page 7

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          itemized deductions, and taxable income as follows:                         
          Year Income         Magnum    Adjusted       Itemized  Taxable              
               from Wages,    Deduction Gross Income   Deductions Income              
               Interest                                                               
          1980 $137,219       $ 99,015  $38,204        $44,311   (6,107)              
          1981  145,168       105,103   40,065         44,962    (11,897)             
          1982  124,958       114,731   10,227         39,553    (36,326)             

          Respondent disallowed in part the Magnum loss deductions,6                  
          medical and dental expenses, and interest expense deductions.               
          The understatement for the years at issue was primarily created             
          by the disallowance of the Magnum loss deduction.                           
          The Audes' Marriage and Divorce                                             
               Petitioner and Mr. Aude had a rocky marriage, filled with              
          arguments, separations, reconciliations, and professional                   
          therapy.  Prior to and during the years at issue, Mr. Aude                  
          physically abused petitioner.  The abuse resulted in petitioner's           
          sustaining cracked ribs, bruised lungs, and concussions, which at           
          times required medical treatment and hospitalization.  As a                 
          result of the abuse, petitioner called the police several times,            
          and also obtained a restraining order against Mr. Aude.  A                  
          pattern of violence developed in their marriage, especially when            
          petitioner questioned Mr. Aude's decisions or behavior.  As a               
          result of this pattern of abuse, petitioner avoided questioning             
          Mr. Aude on any issue.                                                      

               6  Respondent disallowed the following Magnum deductions:              
          $90,626 in 1980; $105,103 in 1981; and $114,731 in 1982.                    




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