Alec Jeffrey Megibow - Page 10

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            obligations in separation agreement were to be performed                                    
            notwithstanding death of husband).                                                          
                  D.  Conclusion                                                                        
                  Petitioner has failed to prove that the obligation to make                            
            the $50,000 payment would have ended had Marilyn died before the                            
            payment.  Therefore, petitioner has failed to prove that the                                
            $50,000 payment was alimony within the meaning of sections 71(b)                            
            and 215(b).  Petitioner is not entitled to a deduction for the                              
            $50,000 payment under section 215(a).  Respondent’s determination                           
            of a deficiency is sustained to the extent respondent denied                                
            petitioner’s deduction of the $50,000 payment.                                              
            III.  Business-Related Legal Fees                                                           
                  A.  Introduction                                                                      
                  On his 1993 Federal income tax return, petitioner claimed                             
            $58,581 as a deduction for business-related legal fees.  The                                
            amount of the deduction remaining in issue is $48,651.75.                                   
            Petitioner now claims that $25,000 of that amount, which was paid                           
            to Charles P. Gallo (the Gallo payment), petitioner’s wife’s                                
            attorney in the matrimonial action, is deductible as the payment                            
            of alimony.  The remaining $23,651.75 was paid to petitioner’s                              
            attorney Anthony M. Bentley (the Bentley payment), and petitioner                           
            claims it was paid for tax planning with respect to the divorce                             
            and for business-related legal advice.                                                      








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