Ronald J. Murphy - Page 6

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            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,                          






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