Jane Gilbert - Page 2




                                        - 2 -                                         
          Hawley (Ms. Gilbert), for the taxable years 1993, 1994, and 1995            
          of $7,163, $8,922, and $6,157, respectively.  Respondent                    
          determined deficiencies in the Federal income tax of petitioner             
          Richard C. Hawley, M.D. (Mr. Hawley), for the taxable years 1993,           
          1994, and 1995 of $21,644, $23,261, and $19,355, respectively.1             
               After concessions, the issue remaining to be decided in the            
          instant cases is whether any part of the unallocated child and              
          spousal support payments constitutes alimony under section 712              
          that is deductible by the payor spouse, Mr. Hawley, under section           
          215, and includable in the gross income of the payee spouse, Ms.            
          Gilbert, under sections 61(a)(8) and 71(a).  In the notices of              
          deficiency and on brief, respondent has taken inconsistent                  
          positions, in that respondent disallowed deductions to Mr. Hawley           
          and required Ms. Gilbert to report alimony income.  Respondent              
          asks us to allocate the subject payments consistently between               
          petitioners.  Moreover, if we find that the payments constitute             
          alimony, then we must decide whether Ms. Gilbert is liable under            
          section 55 for alternative minimum tax because of the increase in           
          her gross income from the alimony adjustment.                               




               1These cases have been consolidated for purposes of briefing           
          and opinion because they involve common questions of law and fact           
          arising from the separation and divorce of petitioners.                     
               2All section references are to the Internal Revenue Code, as           
          amended, and all Rule references are to the Tax Court Rules of              
          Practice and Procedure.                                                     




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