Chad Hazam - Page 4




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          or separation] instrument, then so much of such payment as does             
          not exceed the sum payable for support shall be considered a                
          payment for such support.”                                                  
               Mr. Hazam, citing Fina v. Fina, 737 A.2d 760 (Pa. Super. Ct.           
          1999), contends that pursuant to an oral agreement he was not               
          required to pay the $30,000 of child support.  In Fina, the court           
          found credible the husband’s testimony that the wife “had                   
          expressly agreed to a reduction” in child support payments.  Id.            
          at 763-764.  No such finding is warranted here.  Petitioners did            
          not modify the agreement, which specified that Mr. Hazam shall              
          pay $30,000 per year for child support in addition to the                   
          $200,000 for alimony.  Accordingly, $30,000 of each $200,000                
          payment shall be considered, pursuant to section 71(c)(3), a                
          payment for child support.  See Blyth v. Commissioner, 21 T.C.              
          275 (1953).  The $30,000 amounts are not, pursuant to section               
          215, deductible as alimony.                                                 
          II. Additions to Tax                                                        
               Section 6651(a)(1) imposes an addition to tax for the                  
          failure to file a required return on the date prescribed.  Ms.              
          Hazam has not established that she filed her returns on the dates           
          prescribed.  Accordingly, she is liable for the additions to tax.           




               To reflect the foregoing,                                              






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