Chester W. Bonar - Page 3

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               Respondent determined deficiencies in petitioner’s Federal             
          income taxes of $2,352 for each of the 1995 and 1996 taxable                
          years.  The issue for decision is whether payments made by                  
          petitioner to his ex-wife in 1995 and 1996 are deductible as                
          alimony under section 215(a).                                               
               The stipulation of facts and the accompanying exhibits are             
          incorporated herein by reference.  Petitioner resided in                    
          Philadelphia, Pennsylvania, at the time his petition was filed              
          with the Court.                                                             
               Petitioner was legally divorced from his ex-wife in 1993.              
          Petitioner and his ex-wife entered into a Stipulation and                   
          Agreement (Agreement) dated June 25, 1993, providing for support            
          for petitioner’s ex-wife and children.  With respect to child               
          support, the Agreement provides in pertinent part:                          
                    Husband shall pay to Wife as and for child support                
               the amount of TWO HUNDRED SIXTY ($260) Dollars per                     
               week, payable on a weekly basis, subject to termination                
               upon the death of the payor or infant children; upon                   
               each of the infant children attaining the age of                       
               eighteen (18), graduation from high school, marriage or                
               other emancipation, whichever of said terminating                      
               contingencies shall first occur.  If the child is a                    
               full time high school student, is not self-supporting                  
               and is living in the home of the parent receiving child                
               support, the Husband shall continue to pay said child                  
               support until the child reaches the age of nineteen                    
               (19) or graduates from high school, whichever first                    
               A separate provision addressing spousal support provides:              

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