- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011