Donald Tobkin - Page 6

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          $25,300 claim was nondischargeable, and the remainder was                   
          dischargeable.  Petitioner received a discharge in bankruptcy on            
          March 12, 1996.  The final decree closing petitioner's bankruptcy           
          case was entered on August 12, 1999.                                        
               In 1995, pursuant to his obligations under the final                   
          judgment, petitioner paid $31,398 to Ms. Seyler.  These payments            
          included $17,223 made through Broward County officials, $4,000              
          paid directly to Ms. Seyler, and $10,175 made through the                   
          bankruptcy trustee.  As noted earlier, respondent concedes that             
          these payments were alimony and that petitioner was entitled to a           
          $31,398 deduction for alimony paid.  Also in 1995, petitioner               
          paid $28,825 through the bankruptcy trustee to Ms. Seyler's                 
          attorney for her legal fees incurred in connection with the                 
          divorce proceedings.  Petitioner contends that these payments               
          constitute alimony, and it is these payments that the Court                 
          addresses.                                                                  
               Petitioner did not file his 1995 Federal income tax return             
          timely.  He had an accountant who reminded him that the return              
          was due on April 15, 1996.  Petitioner applied for and received             
          an automatic extension to file until August 15, 1996.  However,             
          petitioner and his then wife, Marilyn Byrd, did not file their              
          joint 1995 Federal income tax return by the extended deadline.              
          Their return was received by the Internal Revenue Service on                
          August 27, 1997.                                                            





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