- 2 -
effect for the years in issue, and all Rule references are to the
Tax Court Rules of Practice and Procedure.
For taxable years 1995, 1996, and 1997 respondent determined
deficiencies in petitioners’ Federal income taxes of $4,757,
$3,512, and $2,506 and accuracy-related penalties of $951.40,
$702.40, and $501.20.
The issues for decision are: (1) Whether amounts received
by petitioner pursuant to a judgment of divorce are includable in
her income under section 71; and (2) whether petitioner is liable
for accuracy-related penalties under section 6662(a) for
negligence or disregard of rules or regulations.
Some of the facts have been stipulated and are so found.
The stipulations of fact and the attached exhibits are
incorporated herein by this reference. Petitioner resided in
Milwaukee, Wisconsin, on the date the petition was filed in this
case.
Petitioner and her former husband, David G. Lesnik, were
divorced pursuant to a judgment entered by the Circuit Court,
Family Court Branch of the State of Wisconsin, Milwaukee County
on July 9, 1984. The findings of fact accompanying the judgment
provided in relevant part:
12. FAMILY SUPPORT. That family support shall be set
at the sum of $750.00 per month. Due to possible
fluctuation in the income of the petitioner [Mr.
Lesnik] the petitioner shall furnish to the respondent
[petitioner] or her attorney quarterly a record of all
his income. Using 29% of said income, plus $150.00 per
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011