James Stewart and Mary Ann Lanphere - Page 4

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            17, 1985, the Family Court issued an "ORDER MODIFYING ORDER MADE                              
            BY ANOTHER COURT (Support)", and an attached "FINDINGS OF FACT".                              
                  The findings of fact provided, in pertinent part, that:                                 
                        4.     There is one child [Renea] aged 7 for whose                                
                  support [James] is liable * * * .                                                       
                                 *    *    *    *    *    *    *                                          
                        10. The monthly needs of the child are:  $408.28                                  

            The Order directed James to "pay $100 per week for support,                                   
            effective 12-17-85, and payments are to be made direct to                                     
            [Virginia]".                                                                                  
                  On their 1990 Federal income tax return, petitioners                                    
            deducted $5,200 as "alimony paid".  This sum represented the                                  
            $100.00 a week James was ordered to pay to Virginia.                                          
                  Respondent disallowed petitioners' $5,200 alimony deduction.                            
            Respondent's position is that based upon the language of the                                  
            Judgment of Divorce and the subsequent order that modified the                                
            Judgment, the payments made constitute nondeductible child                                    
            support payments.  Respondent further contends that petitioners                               
            have only substantiated $1,425 in payments to Virginia.                                       
                  Petitioners argue that the payments are deductible as                                   
            alimony.  James testified that it was his understanding at the                                
            time of his divorce that his ex-wife "was to pay the tax" on the                              
            money he paid to her.  Petitioners further argue that James was                               
            divorced on December 11, 1984, and, therefore, the pre-Tax Reform                             
            Act of 1984 rules apply.  Petitioners contend that the term                                   




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