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182 of the Tax Court Rules of Practice and Procedure. Unless
otherwise indicated, subsequent section references are to the
Internal Revenue Code in effect for the years 1993 and 1994.
Respondent determined deficiencies in petitioners' Federal
income taxes as follows:
Petitioner(s) Year Amount
Linda J. Baxter 1993 $4,800
Linda J. Baxter 1994 2,055
Jimmy R. & Janet S. Baxter 1993 9,922
Jimmy R. & Janet S. Baxter 1994 4,450
The issue for decision is whether during each year in issue
certain payments made by Jimmy R. Baxter to or on behalf of Linda
J. Baxter must be included in her income as alimony and may be
deducted by him as such. The resolution of this issue depends
upon whether the liability of Jimmy R. Baxter to make the
payments terminates upon the death of Linda J. Baxter.
Background
Some of the facts have been stipulated and are so found.
Petitioners resided in Benton, Arkansas, at the time the
petitions were filed in these consolidated cases.
Linda J. Baxter (Linda) and Jimmy R. Baxter (Ray), were
divorced from each other on May 16, 1991. The divorce decree
incorporated by reference the terms of a "Child Custody, Support
& Property Settlement Agreement" entered into by Linda and Ray,
dated April 17, 1991 (the agreement). The agreement is
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