Cathleen C. Shepherd - Page 2




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          respectively.  Respondent also determined accuracy-related                  
          penalties under section 6662(a) for taxable years 1993 and 1994.1           
               At trial, respondent conceded that petitioner is not liable            
          for penalties under section 6662(a).  The sole issue remaining              
          for decision is whether payments totaling $28,800 in each of the            
          years at issue made by petitioner’s ex-husband to petitioner are            
          alimony or nontaxable child support.                                        
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by reference.  Petitioner resided in Atlanta,           
          Georgia, at the time her petition was filed.                                
                                     Background                                       
               Petitioner was married to James H. Shepherd, Jr. (Mr.                  
          Shepherd) from 1977 until she obtained a divorce on April 18,               
          1989.  Two children were born of the marriage:  James H. Shepherd           
          III, born on December 23, 1979, and Julie H. Shepherd, born on              
          September 5, 1981.  Petitioner filed for divorce on January 27,             
          1988.  A temporary order was entered by agreement of the parties            
          on May 11, 1988, providing for payment to petitioner of temporary           
          alimony of $3,000 per month.                                                
               Petitioner and Mr. Shepherd thereafter engaged in settlement           
          negotiations through their attorneys to arrive at an agreement              
          regarding the equitable division of their marital property,                 

               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code in effect for the years in issue.                     




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