- 6 - received from Norman from January 6, to June 9, 1992, constituted alimony and adjusted her income accordingly. In the Explanation attached to the notice, respondent stated that "Alimony or separate maintenance payments you received are includible in income." In addition, respondent determined that Marta was liable for the accuracy-related penalty for negligence for 1992 pursuant to section 6662(a). Respondent has since conceded that Marta is not liable for the accuracy-related penalty. Discussion We must decide whether spousal support payments made by Norman to Marta from January 6, to June 9, 1992, in the amount of $63,170 are alimony within the meaning of section 71. To protect the fisc, respondent has taken inconsistent positions in the notices of deficiency issued to petitioners. On brief, however, respondent supports Norman's position that the payments are alimony, and thus deductible by him pursuant to section 215(a) and includable in Marta's gross income pursuant to sections 61(a)(8) and 71(a). Marta argues for the first time on brief that her notice of deficiency "does not set forth Respondent's specific basis" for the inclusion of the $63,170 of support payments in income and, therefore, the Court should, under Rule 142(a), shift the burden of proof in docket No. 17347-96 to respondent. Rule 34(b)(4) states that a petition must contain "Clear and concise assignments of each and every error which the petitioner allegesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011