- -7 THE COURT: Well, but you must have had some understanding of whether--if she remarried or if she died, you would still have to pay this for a full forty-eight months. THE WITNESS: I had that under--we never discussed remarriage at all, but they said I'm going to have to pay this for forty-eight months. THE COURT: Whether she lived or died? THE WITNESS: Yes. The provision in the settlement agreement that the spousal support was reportable by wife and deductible by husband is merely an attempt to agree to a legal conclusion that is contrary to the necessary legal conclusion following from the provision for the payments to continue after petitioner's former wife's death. An incorrect understanding of the law by the parties to that agreement does not change the law applicable to petitioner's case. Also at issue is whether petitioners are liable for the accuracy-related penalties under section 6662(a). Under section 6662, a 20-percent addition to tax is imposed on the portion of the underpayment that is attributable to one or more of the following: (1) Negligence or disregard of the rules or regulations; (2) substantial understatement of tax; (3) valuation overstatement; (4) overstatement of pension liabilities; and (5) estate or gift tax valuation understatements. Respondent concedes that only negligence and substantial understatement of tax would have application to the facts in this case.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011