Eleanor A. Burkes - Page 2

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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               GERBER, Judge:  Respondent determined duplicate alternative            
          deficiencies with respect to these consolidated cases.1  The                
          deficiencies remaining in dispute are the result of the                     
          disallowance of alimony deductions for one petitioner and                   
          inclusion of alimony income to the other with respect to payments           
          made by the deducting spouse.  Ultimately, only one party will              
          bear a tax burden with respect to each item, depending on whether           
          we decide that it is or is not an alimony payment.  The                     
          determined deficiencies, penalties, additions to tax, and taxable           
          periods for Ms. Burkes and Mr. Burkes are as follows:                       
          Eleanor A. Burkes:                                                          
            Penalty                                                                   
          Year            Deficiency         Sec. 6662(a)                             
               1990            $21,428.90           $4,286                            
               1991              3,598.00              720                            
          Caesar D. Burkes:                                                           
          Addition                                                                    
             To Tax         Penalty                                                   
          Year      Deficiency    Sec. 6651(a)    Sec. 6662(a)                        
          1989       $4,256.83       $1,226          $851                             
          1990       15,728.18         ---            656                             
          1991        3,774.00        1,058           755                             
                                                                                     
               The parties have settled several adjustments, leaving the              
          following issues for our consideration:  (1) Whether the divorce            
          judgment that orders certain payments to be made by Mr. Burkes              


               1 These cases involve a former husband and wife who have a             
          common controversy over whether certain amounts do or do not                
          constitute alimony.  These cases have been consolidated for                 
          purposes of trial, briefing, and opinion.                                   




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