Horace M. Chambers - Page 6




                                        - 6 -                                         
               Petitioner’s wages were garnished to pay court ordered                 
          alimony and child support.  The garnished funds were paid to                
          satisfy a legal obligation owed by petitioner.  Petitioner’s                
          gross wages are taxable to him regardless of whether he received            
          the funds and then used them to pay his alimony and child support           
          obligations or whether his employer paid the funds directly in              
          satisfaction of petitioner’s alimony and child support                      
          obligations.  Thus, the amounts garnished from petitioner’s wages           
          during the 1995 and 1996 tax years are not excludable from                  
          petitioner’s income.                                                        
               Petitioner also argues that he was the victim of racial                
          discrimination and denied due process during his divorce                    
          proceedings.  Petitioner contends that he should not owe any tax            
          liability on money that, in his view, was garnished in violation            
          of his civil rights.  This Court, however, lacks the jurisdiction           
          to address petitioner’s allegations regarding civil rights                  
          violations that may have occurred during his divorce proceedings            
          in State court.  Child and spousal support determinations are               
          matters of local law, and we are not permitted to reassess the              
          merits of those judgments.  See, e.g., Blair v. Commissioner, 300           
          U.S. 5 (1937).  Although petitioner may not agree with the State            
          court ruling regarding his alimony and child support obligations,           
          he has not shown a basis for excluding the garnished wages from             
          his taxable income.                                                         






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011