Cheryl J. Miller - Page 2




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          Cheryl J. Lovejoy (Ms. Miller), for the taxable years 1993 and              
          1994 of $8,863 and $2,766, respectively.  Respondent also                   
          determined deficiencies in the Federal income tax of petitioner             
          John H. Lovejoy (Mr. Lovejoy) for the taxable years 1993 and 1994           
          of $12,018 and $5,905, respectively.                                        
               These cases have been consolidated for purposes of trial,              
          briefing, and opinion because they involve common questions of              
          fact and law arising from the separation and divorce of                     
          petitioners.  After concessions,1 the issues addressed in this              
          opinion are:                                                                
               (1) Whether any part of "unallocated child support and                 
          maintenance" payments made pursuant to a State court decree is              
          alimony deductible by the payor spouse under section 2152 and               
          includable in the income of the payee spouse under section 71;              
          and                                                                         






               1Mr. Lovejoy has conceded that a State tax refund of $175 is           
          includable in his gross income for the taxable year 1993.                   
          Respondent has conceded that Ms. Miller is entitled to claim                
          additional medical expenses for the taxable year 1993 in the                
          amount of $1,033 before application of the limits of sec. 213(a).           
               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code, as in effect for the taxable years in            
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.  All monetary amounts are rounded to the            
          nearest dollar.                                                             




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