Estate of Monte H. Goldman - Page 7




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                    expressly waives his right to spousal support                     
                    from Plaintiff.                                                   
               In 1985, Mr. Goldman made the required payments (totaling              
          $5,055,000) pursuant to paragraph 2.2.2.                                    
               Pursuant to paragraph 2.2.9 of the agreement, Mr. Goldman paid         
          Ms. Parker $20,000 per month during each of the years in issue              
          (totaling $240,000 each year).  On his 1992, 1993, and 1994 Federal         
          income tax returns, he characterized these $240,000 payments as             
          alimony and took corresponding deductions.  Ms. Parker did not              
          report these payments as alimony on her 1992-94 returns.                    
               Mr. Goldman received an opinion letter, dated December 28,             
          1990, from the law firm of Kornfeld & Franklin of Oklahoma City,            
          Oklahoma, with regard to the deductibility of the $240,000 payments         
          on his returns.  This letter advised Mr. Goldman that, pursuant to          
          the agreement, he was entitled to deduct these payments as alimony.         
               In the notice of deficiency, respondent determined that the            
          $240,000 payments Mr. Goldman made to Ms. Parker in 1992, 1993, and         
          1994 are not alimony and thus not deductible.  Respondent further           
          determined that petitioner is liable for the section 6662(a)                
          accuracy-related penalty for each of the years in issue.                    
                                       OPINION                                        
          Issue 1.  Deductibility of Payments Mr. Goldman Characterized as            
          Alimony                                                                     
               The fundamental issue involved herein concerns the                     
          characterization of the $20,000 monthly payments Mr. Goldman made           





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