- 4 - It was Leslie Benham's belief during the entire period that she and petitioner were attempting a reconciliation of their marriage. From July of 1994 through January of 1995, petitioner made the total monthly payments of $2,700 provided for by the Agreement. Out of the monthly payments she received under the Agreement, Leslie Benham continued to pay the same household expenses she had paid in preceding years. In February of 1995, petitioner dismissed his divorce suit against Leslie Benham and at the same time entered into a third agreement with her in which the parties agreed to a division of the marital property in the event of a divorce. Leslie Benham subsequently filed for divorce in 1995, and petitioner thereupon left the marital residence. On his separate individual Federal income tax returns for 1994 and 1995, petitioner deducted $12,000 and $2,000, respectively, as alimony payments to Leslie Benham. He also deducted State income tax paid in 1993 on his return for 1994 and attorney's fees and legal costs associated with his divorce action on both year's returns. OPINION Because petitioner and Leslie Benham resided in the same household in 1994 and in January of 1995, respondent maintainsPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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