- 4 - 2000, petitioner filed a separate Federal tax return, claiming single rates. During the year in issue, petitioner resided in Birmingham, Alabama, and Mr. Nodurft resided in Arlington, Virginia. On October 9, 2001, the Circuit Court of the City of Alexandria, Virginia, entered a decree granting the divorce of petitioner and Mr. Nodurft, which incorporated by reference the April 17, 1998, separation agreement. When she filed her petition, petitioner resided in Longwood, Florida. Discussion The issue in the instant case is whether the payment petitioner received from Mr. Nodurft constitutes alimony that is includable in her income under section 71.2 Section 71 provides: SEC. 71. ALIMONY AND SEPARATE MAINTENANCE PAYMENTS. (a) General Rule.-–Gross income includes amounts received as alimony or separate maintenance payments. (b) Alimony or Separate Maintenance Payments Defined.–- For purposes of this section– 1(...continued) payment of $18,060. The payment in issue is $18,608, and the parties have not provided an explanation for this discrepancy. 2Petitioner does not argue that sec. 7491 applies in the instant case. Moreover, the resolution of the instant case does not depend upon which party has the burden of proof. Rather, the instant case is decided upon the basis of the fully stipulated facts and the documents contained in the record.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011