Helen C. Hopkinson - Page 15




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          support and property from her former husband.  Petitioner also               
          submitted, as attachments to her briefs, various documents                   
          relating to action she has taken against her former husband                  
          pursuant to the divorce.  Although such documents are not a part             
          of the record, they tend to show that petitioner is pursuing                 
          relief against her former husband in the State courts, which is              
          the proper forum for such disputes.  Under the circumstances of              
          the instant case, petitioner has not shown that she should not be            
          held to the clear and unambiguous provisions of the settlement               
          agreement and their resulting income tax consequences.  As we                
          stated above, petitioner must include the tuition and attorney's             
          fees payments in her gross income.                                           
          Accuracy-Related Penalty                                                     
               In the notice of deficiency, respondent determined that                 
          petitioner was liable for an accuracy-related penalty in the                 
          amounts of $1,533 for 1993 and $2,241 for 1994.  On brief,                   
          respondent concedes that petitioner is not liable for the portion            
          of the accuracy-related penalty that relates to the tuition                  
          payments, made by her former husband, during the years in issue.             
          Respondent, however, contends that petitioner is liable for an               
          accuracy-related penalty, with respect to the deficiency from the            
          attorney's fees payments which she excluded from income during               
          the years in issue.                                                          







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