Penalty Year Deficiency Sec. 66621 1990 $6,300 $1,260 1991 8,668 1,734 The issues for decision are whether petitioners are entitled to deductions for alimony pursuant to sections 71 and 215 in the amounts of $30,000 in 1990 and $10,000 in 1991,2 and whether petitioners are liable for the accuracy-related penalty under section 6662(a). FINDINGS OF FACT Some of the facts have been stipulated and are found accordingly. At the time of the filing of the petition in this case, petitioners had a legal residence in Encino, California. Petitioners filed joint Federal income tax returns for the taxable years 1990 and 1991. On June 19, 1987, Mr. Raymond Rosenthal (petitioner) and his ex-wife, Ruth Rosenthal, executed a marital settlement agreement in connection with the dissolution of their marriage (the settlement agreement). Section 8 of the settlement agreement provided in part as follows: Husband shall pay to Wife, as and for spousal support, commencing May 1, 1987, and continuing on the 1 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, unless otherwise indicated. 2 Petitioners concede that $25,000 of the $35,000 claimed as an alimony deduction for 1991 is not alimony, but is a payment in connection with a property settlement.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011