- 4 - Retirement Plan (supplemental plan).2 Pursuant to the terms of the assignment, petitioner’s former wife was assigned a one-half interest in petitioner’s net monthly retirement benefits from both the Employee Pension Plan and the supplemental plan. In taxable year 2000, petitioner’s former wife received total payments of $23,378 from petitioner’s retirement plans with the City of Lakeland, consisting of $16,347 from petitioner’s Employee Pension Plan and $7,031 from petitioner’s supplemental plan. There is no evidence that petitioner made any other payments to his former wife in 2000.3 On his 2000 Federal income tax return, petitioner claimed a deduction of $23,378 for alimony payments. In a notice of deficiency dated January 6, 2004, respondent disallowed the deduction on the ground that the payments did not constitute alimony. 2 Although the divorce decree referred to petitioner’s retirement plans with the City of Lakeland and the State of Florida, the record in this case does not involve any retirement plan with the State of Florida. 3 There is no evidence in the record that petitioner made any payments in 2000 in accordance with his obligation to pay alimony of $1,500 per month. Petitioner’s obligation to provide spousal support may have terminated. Regardless, it is clear from the record that petitioner relied solely upon the assignments from his City of Lakeland retirement plans as the basis for claiming an alimony paid deduction on his 2000 return.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011