- 14 - Utilities and Homeowners Insurance Mr. Burkes during 1990, in accord with the temporary support order, paid $10,846 for residential utilities and $1,000 for homeowners insurance for 1990. Respondent determined that these payments constituted alimony to Ms. Burkes for 1990. Ms. Burkes argues that those amounts constitute child support. On brief, respondent conceded that Ms. Burkes "is not required to report homeowners insurance payments and utility payments as income from alimony." Accuracy-related Penalty--Section 6662(a) With respect to each of petitioners' taxable years in issue, respondent determined that the entire underpayment for each taxable year was due to "negligence or disregard of rules or regulations" under section 6662. On brief, respondent conceded that "the accuracy-related penalty under section 6662(a) for negligence does not apply to the adjustments made relative to the issue of whether the attorney fees and automobile payments constitute alimony or a division of marital property." Respondent, however, continues to maintain that the accuracy-related penalty applies "to all other adjustments" sustained by the Court or agreed pursuant to the parties' settlement. Petitioners bear the burden of showing that respondent's determination is in error, i.e., that the remaining underpayments are not due to negligence or disregard of rules orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011