Randolph John Beale - Page 11




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            include these amounts in gross income under section 71.                                    
            Therefore, to demonstrate that a cash payment is deductible under                          
            section 215, a taxpayer must prove, inter alia, that the payment                           
            was made pursuant to a written divorce or separation instrument                            
            that did not designate the payment as not includable in the payee                          
            spouse's gross income under section 71.  See sec. 71(b)(1)(A) and                          
            (B).                                                                                       
                  Petitioner was required to pay Ms. Tang $400 per month as                            
            "family support".  Although we would ordinarily review the                                 
            divorce instruments and other documents to determine whether the                           
            payments made by petitioner to Ms. Tang were alimony, petitioner                           
            did not provide us with divorce instruments or other documents,                            
            such as Ms. Tang's Federal income tax returns during the years in                          
            issue, to prove that Ms. Tang was required to include the "family                          
            support" payments as income pursuant to section 71.  In addition,                          
            petitioner did not call Ms. Tang to testify.  Accordingly,                                 
            petitioner is not allowed a deduction for the "family support"                             
            payments to Ms. Tang.                                                                      
            Issue 2.  Whether Petitioner May Deduct Various Schedule C                                 
            Expenses                                                                                   
                  Petitioner claims the following expenses related to his                              
            consulting business as Schedule C, Profit and Loss From Business,                          
            deductions:                                                                                









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Last modified: May 25, 2011