Carrie A. Lesnik - Page 3




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          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                





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