John F. Daugharty and Sarah R. Daugharty - Page 33

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            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 has                                





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