- 6 - Ryan, on the other hand, treated the payments as though a termination upon death provision was still in effect and the payments were alimony for a term of 8 years. OPINION Petitioners complain that respondent has taken inconsistent positions in issuing separate statutory notices of deficiency to both Gregory and Patricia Ryan, and to Frances Ryan. It is immaterial whether the alternative claims were contained in a single notice of deficiency or in separate notices. Doggett v. Commissioner, 66 T.C. 101, 103 (1976). Separate determinations against each of the former spouses for the same tax liability intended to protect the revenue in a "whipsaw" situation do not negate the presumption of correctness as to either notice. Smith v. Commissioner, T.C. Memo. 1996-292; INI, Inc. v. Commissioner, T.C. Memo. 1995-112, affd. without published opinion 107 F.3d 27 (11th Cir. 1997). Gross income includes amounts received as alimony. Secs. 71(a), 61(a)(8). If alimony is includable in the payee spouse's gross income under section 71(a), the payor spouse is allowed to deduct the amount of the alimony paid. Sec. 215(a) and (b). For purposes of being included in gross income, alimony is defined by section 71(b)(1) as any cash payment meeting the following four criteria: (A) such payment is received by (or on behalf of) a spouse under a divorce or separation instrument,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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