Vincent J. Boido, Jr. and Christine P. Boido - Page 9

                                        - 8 -                                         
          Accordingly, if the payment made by petitioner fails to meet all            
          of the four enumerated criteria, that payment is not deductible             
          as alimony by petitioner.                                                   
               Based on the record, we find that the payments do not                  
          constitute alimony under section 215.  The alimony provision in             
          the divorce decree required petitioner to pay alimony to Ms.                
          Thiellesen for only 24 months starting in September 1990 and                
          ending in September 1992, which petitioner paid accordingly.                
          The payments at issue were made well after September 1992 and               
          were made pursuant to the 1995 private agreement rather than the            
          divorce decree.  In addition, most (if not all) of the payments             
          in question were made before 2000, the taxable year in issue,               
          and, therefore, would not be deductible in 2000.  Finally, and              
          most fundamentally, the payments in question were purportedly               
          made as child support, which is neither alimony nor deductible as           
          such.  See sec. 71(c).  Therefore, we hold that petitioner is not           
          entitled to an alimony deduction for payments totaling $34,352              
          that he made to Ms. Thiellesen.                                             

               B.  Bad Debt Deduction                                                 

               At trial, petitioner argued, in the alternative, that the              
          payments in question are deductible as a nonbusiness bad debt.              
          We hold that they are not.                                                  








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011