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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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