William J. Wells - Page 5

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               During the taxable year 1990, commencing January 1,                    
               1990, through October 15, 1990, petitioner paid Karen                  
               Wells $2,000.00 per month as “family support” pursuant                 
               to the MTA as modified.                                                
               Commencing October 15, 1990, and continuing through all                
               of the taxable year 1991, petitioner paid Karen Wells                  
               $2,600.00 per month as “family support” pursuant to the                
               MTA as modified.  For the month of October, 1990,                      
               petitioner made one payment in the amount of $1,000.00                 
               and one payment in the amount of $1,300.00.                            
               On July 11, 1995, petitioner filed a motion in the Superior            
          Court seeking to reform the Modified MTA.  Through this motion,             
          petitioner moved for that court “to properly interpret the                  
          meaning and intent of the family support, child support and                 
          spousal support paragraphs in the parties [sic] judgment of                 
          dissolution filed June 1, 1990.”  On August 16, 1996, the                   
          Superior Court, by way of an order, made a factual finding that             
          the payments “were intended to be as separate allocated sums of             
          child support and spousal support.”  The Superior Court, however,           
          did not specifically delineate the amounts for alimony and child            
          support.                                                                    
               During the calendar years 1990 and 1991, petitioner paid Ms.           
          Wells family support of $25,500 and $31,200, respectively.  On              
          his 1990 and 1991 Federal income tax returns, petitioner claimed            
          alimony deductions of $22,452 and $27,468, respectively, which              
          represented approximately 88 percent of petitioner’s total family           
          support payments during each year.  Petitioner derived the above            
          ratio using figures that were reflected in a “Dissomaster”                  





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