- 6 - In an order dated March 26, 2001, relating to a hearing held on February 9, 2001, the Superior Court (1) recited the December 31, 1998, arrearage set by the 1999 order ($21,478),4 and (2) credited the payments to Drs. Caffaro and Murphy that petitioner made on Carmen’s behalf during 1999 ($4,188) against the arrearage. On August 2, 2001, petitioner filed a Form 1040, U.S. Individual Income Tax Return, for his 1999 tax year. Petitioner did not seek, nor was he granted, an extension of time to file his 1999 return. On his 1999 return, petitioner claimed an alimony deduction of $50,528.5 On May 29, 2003, respondent issued petitioner a statutory notice of deficiency for his 1999 tax year. In the notice of deficiency, respondent disallowed in full the $50,528 alimony deduction that petitioner claimed on his 1999 return, on the grounds that “you did not establish that the amount shown was (a) alimony and (b) paid”. Petitioner now contends he is entitled to an alimony deduction of $54,110 for his 1999 tax year, consisting of (1) the $49,808 he paid Carmen in 1999 pursuant to the 1999 order, (2) the $4,188 he paid Drs. Caffaro and Murphy on Carmen’s behalf 4 The 2001 order does not appear to account for the $3,824 arrearage payment the parties stipulate petitioner made in 1999 “pursuant to” the 1999 order. 5 The record does not reveal the derivation of that figure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011