- 4 - In the notice of deficiency sent January 26, 1995, respondent disallowed petitioner's claimed alimony deductions in the amount of $10,185 for 1991, $10,815 for 1992, and $10,800 for 1993. Respondent also disallowed the dependency exemptions claimed for petitioner's three children and computed his tax liability as a single person for each year. Respondent also determined that petitioner was liable for the accuracy-related penalty under section 6662(a). Under the heading "Other Information" at the fourth page of the statutory notice, respondent explained: We have disallowed the dependency exemptions because you did not qualify for them since you did not have custody of the children and your divorce decree did not specify that you are entitled to the exemptions. We have therefore disallowed the head of household status taken in 1993. Child support is not deductible as alimony. OPINION Petitioner has the burden of proving that respondent's determinations are erroneous. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). With respect to the claimed alimony deductions, petitioner presented no admissible evidence at trial that he made payments during the years in issue to his former wife that qualified as alimony. Under the terms of the agreement, as quoted in our findings, alimony normally would have ceased being due to his former wife in March 1985. Thereafter, he was obligated to makePage: Previous 1 2 3 4 5 6 7 8 9 Next
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