Randy & Charliss Cushing Feriante - Page 7




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          support, which ceased at an undetermined time in 1995, was in the           
          monthly amount of $4,373.  From January through June, petitioner            
          was under an obligation to make child support payments of $2,007            
          per month.  In each of those months except January, his cash                
          payment to Ms. Feriante was $2,000.  From July through December,            
          petitioner was under an obligation to make child support payments           
          of $1,800 per month.  In each of these months, his cash payment             
          to Ms. Feriante was $1,800.  It is clear that these payments were           
          child support.  The sole exception is petitioner’s payment of               
          $3,500 in January.  However, respondent has already allowed                 
          petitioners a deduction of $1,500, which is the amount in excess            
          of petitioner’s child support payment.                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               


















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