Richard W. Kochansky and Monica L. Miller, f.k.a. Monica L. Kochansky - Page 4

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            petitioner's 1987 tax year.  Kochansky v. Commissioner, supra.                            
            Petitioner does not argue to the contrary.3                                               
                  Petitioner objects to respondent's motion for entry of                              
            decision on the ground that the Court of Appeals based its                                
            holding on the theory that petitioner had made an anticipatory                            
            assignment of income to his former spouse and that under the                              
            rationale of Lucas v. Earl, 281 U.S. 111 (1930), such income was                          
            taxable to petitioner when the income was subsequently realized,                          
            even though a portion of this income (one-half) had been paid to                          
            petitioner's former spouse.  The Court of Appeals affirmed this                           
            Court's holding that rejected petitioner's contention that the                            
            portion of the subject income, when realized, was taxable income                          
            to his former spouse and was not taxable to petitioner.  The                              
            instant case involves identical payments of income that were                              





            3  The proposed decision, which is part of the motion, includes                           
            concessions by respondent of the sec. 6653(a) addition to tax for                         
            the 1988 tax year and the penalty under sec. 6662(b)(1) for the                           
            1989 and 1990 tax years in accord with the Court of Appeals'                              
            opinion.  Respondent further concedes the addition to tax under                           
            sec. 6654(a) for the 1988 tax year and that petitioner Monica L.                          
            Miller is exonerated from liability as an innocent spouse under                           
            sec. 6013(e) for the 1989 tax year.  As a result of this                                  
            concession as to petitioner Monica L. Miller, she executed the                            
            decision documents prepared by respondent and is not a party with                         
            respect to respondent's motion for entry of decision.  The                                
            stipulation also includes a reduction of the income adjustment                            
            against petitioner for the year 1988 from $28,800 determined in                           
            the notice of deficiency to $7,200.                                                       




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