- 33 - entitled to a deduction for the amounts paid. Secs. 71(a), 215(a). 3. Additions to Tax Respondent determined that Faye is liable for an addition to tax under section 6651(a)(1) for 1988 through 1993. Section 6651(a)(1) imposes an addition to tax upon a taxpayer who fails to file a timely Federal income tax return, unless the taxpayer demonstrates that the failure to file is due to "reasonable cause and not due to willful neglect". Sec. 6651(a)(1); United States v. Boyle, 469 U.S. 241, 245 (1985); Jackson v. Commissioner, 864 F.2d 1521, 1527 (10th Cir. 1989), affg. 86 T.C. 492 (1986). Faye did not file returns during the years in issue, and the payments from John represented the only income she received during those years. On brief, respondent argues that Faye consistently took the position in the Florida State courts that the amounts in question constituted modifiable alimony payments, and, therefore, she was required to report these amounts on Federal income tax returns for these years. At trial, Faye's attorney in the Florida State court proceedings testified that he advised Faye after several of the rulings by the Florida State courts had been delivered that the monthly payments she was receiving from John constituted nontaxable property settlement payments. Faye's attorney hasPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011