Richard J. Meyer III - Page 5




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          child support.  Ms. Meyer, however, did not execute a written               
          declaration releasing to Mr. Meyer the dependency exemption for             
          Richard for 1994, 1995, and 1996.                                           
               During the years in issue, Mr. Meyer suffered from severe              
          health problems--initially he was diagnosed with HIV; later he              
          was diagnosed with AIDS.  Mr. Meyer’s infection was very active             
          and required strong antiviral medication to combat the virus.               
          During the years in issue, Mr. Meyer also suffered a nervous                
          breakdown and had to take a leave of absence from his job.                  
               Mr. Meyer did not timely file Federal income tax returns for           
          1994, 1995, and 1996.                                                       
                                       OPINION                                        
          Alimony                                                                     
               In addition to the amounts conceded by respondent, Mr. Meyer           
          claims he is entitled to deduct his $870 per month payments to              
          Ms. Meyer from January 1994 through April 1995 as alimony--                 
          $10,440 for 1994 and $3,480 in 1995.                                        
               Section 215(a) permits a deduction for the payment of                  
          alimony or separate maintenance payments during a taxable year.             
          Section 215(b) defines the term alimony or separate maintenance             
          payment as alimony or separate maintenance which is includable in           
          the gross income of the recipient under section 71.  Section                
          71(b)(1) defines alimony or separate maintenance as any cash                
          payment meeting the four criteria provided in subparagraphs (A)             






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