Eleanor A. Burkes - Page 14

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          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 or            





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