Horace M. Chambers - Page 7




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          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.                   





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