- 7 - II. Deductions Section 215 provides that an individual shall be allowed a deduction in an amount equal to the alimony or separate maintenance payments paid during the taxable year. Petitioner paid alimony, as defined under section 71, in the amounts of $2,312.46 and $2,865.84 during 1995 and 1996, respectively. Respondent concedes that, assuming petitioner is required to include in income the amounts garnished to pay alimony, he is entitled to deduct those amounts paid as alimony. Accordingly, petitioner is entitled to a deduction in the amount of $2,312.46 for 1995 and $2,865.84 for 1996.4 III. Additions to Tax We now address whether petitioner is liable for additions to tax for (1) failure to file tax returns under section 6651(a)(1); (2) failure to make timely payment of taxes under section 6651(a)(2);5 and (3) failure by an individual to pay estimated income tax under section 6654. Petitioner bears the burden of 4 We note that payments made to support children do not qualify as alimony. See sec. 71(c); sec. 1.71-1T(c), Income Tax Regs., 49 Fed. Reg. 34456 (Aug. 31, 1984). Accordingly, petitioner is not entitled to a deduction in 1995 or 1996 for amounts paid for child support. 5 In his brief, respondent states that the sec. 6651(a)(2) addition to tax for 1995 was erroneously included in the notice of deficiency and concedes that there is no addition to tax under this section for the 1995 tax year. Respondent is relying on sec. 6651(g), which is effective for returns with a due date after July 30, 1996. Accordingly, the sec. 6651(a)(2) addition to tax is at issue only with regard to the 1996 tax year.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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