- 6 - gross income by Diane Murphy. The relevant rules are found in sections 71 and 215. II. Diane Murphy As stated, in the notices of deficiency and in her pleadings, respondent has taken inconsistent positions with respect to petitioners: Respondent has required Diane Murphy to include the marital payments in gross income but has denied Ronald Murphy any deductions. On brief, however, respondent clearly favors Diane Murphy. Respondent does not make alternative proposed findings of fact, but makes only proposed findings of fact that, in sum, are inconsistent with a finding that Diane Murphy received any alimony from Ronald Murphy. Respondent’s arguments are consistent with her proposed findings of fact. Accordingly, we consider respondent as having conceded that none of the marital payments received by Diane are alimony. For purposes of Diane Murphy’s case, we find that none of the payments made by Ronald Murphy to Diane Murphy are alimony. We hold that no amount must be included in Diane Murphy’s income pursuant to section 71, and we determine that there are no deficiencies in Diane Murphy’s income tax for either 1990 or 1991. III. Ronald Murphy A trial in this case was held on June 15, 1995. Ronald Murphy was present at the trial. At the conclusion of the trial,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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