Alec Jeffrey Megibow - Page 1

                                        T.C. Memo. 1998-455                                             


                                     UNITED STATES TAX COURT                                            


                              ALEC JEFFREY MEGIBOW, Petitioner v.                                       
                         COMMISSIONER OF INTERNAL REVENUE, Respondent                                   


                  Docket No. 22268-96.            Filed December 28, 1998.                              


                        At issue are (1) the deductibility of $50,000                                   
                  claimed by P as an alimony payment, (2) the                                           
                  deductibility of $48,651.75 claimed by P as business-                                 
                  related legal fees, (3) whether P must include in gross                               
                  income $30,000 received by him from his employer, and                                 
                  (4) whether any underpayment is due to P’s negligence                                 
                  or disregard of rules or regulations.                                                 
                        Held, the $50,000 payment is not alimony; P has                                 
                  failed to prove that his obligation to make that                                      
                  payment would not survive the death of his ex-spouse.                                 
                  Held, further, P has failed to prove that the legal                                   
                  fees are either alimony or otherwise deductible.  Held,                               
                  further, P has failed to prove that the payment from                                  
                  his employer was other than taxable compensation.                                     
                  Held, further, P has failed to prove that he neither                                  
                  was negligent nor disregarded rules or regulations.                                   


                  Anthony M. Bentley, for petitioner.                                                   
                  Donald E. Edwards, for respondent.                                                    



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