Antonio T. Croteau - Page 2

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          Marie Croteau (Ms. Croteau) deductible for that year as alimony             
          or separate maintenance payments under section 215(a)?1  We hold            
          that they are not.                                                          
               (2) Is petitioner liable for 1993 for the accuracy-related             
          penalty under section 6662(a)?  We hold that he is.                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
               Petitioner resided in Whitefish, Montana, at the time the              
          petition was filed.                                                         
               Petitioner married Ms. Croteau in May 1981.  They separated            
          in November 1992.                                                           
               On January 13, 1993, petitioner and Ms. Croteau executed a             
          marital settlement agreement (agreement) which petitioner had               
          prepared.  In preparing the agreement, petitioner used as a model           
          a marital settlement agreement that had been entered into by his            
          son and the former wife of his son.                                         
               On January 15, 1993, Mr. Croteau filed a petition in the               
          Superior Court of California, county of Ventura, for dissolution            
          of his marriage to Ms. Croteau (petition for dissolution of                 
          marriage).  The petition for dissolution of marriage was a                  
          preprinted form on which Mr. Croteau provided certain information           
          requested by the form.  That preprinted form stated, inter alia:            

          1  Unless otherwise indicated, all section references are to the            
          Internal Revenue Code in effect for the year at issue.  All Rule            
          references are to the Tax Court Rules of Practice and Procedure.            




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