- 2 - 1995. The issues for decision are: (1) Whether certain payments received by petitioner pursuant to a court order are gross income to petitioner under section 71 and (2) whether petitioner is liable for an addition to tax under section 6651(a)(1). Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Background Petitioner was married to Leonard Kersh in 1962. Leonard Kersh filed for divorce in 1994. The Supreme Court of New York County, New York, entered an order granting pendente lite maintenance (Order) in favor of petitioner on or about November 18, 1995. The original date of service of the application that related to the Order was October 15, 1995. Excerpts from the Order are as follows: In awarding temporary maintenance, * * * the court awards Mrs. Kersh $1,600 per month temporary maintenance. The award is retroactive to the original date of service of this application * * *. Retroactive sums due by reason of this award shall be paid off at the rate of $800 per month on top of the sums awarded until all arrears have been satisfied. Mr. Kersh may take credit for sums voluntarily paid for maintenance and support for this period for which he has cancelled checks or other similar proof of payment * * *. The first payment hereunder shall be made within ten (10) days after service of a copy of this order (without notice of entry), and then monthly thereafter.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011