Geralyn M. Randich - Page 14

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               On April 15, 2001, Mr. Randich timely filed his Federal                
          income tax return for taxable year 2000.  On his return, Mr.                
          Randich claimed a deduction of $28,800 as alimony paid during tax           
          year 2000 to his former spouse, Ms. Randich, pursuant to the                
          judgment for dissolution of marriage in petitioners’ divorce.               
               Following the examination by the Internal Revenue Service              
          (IRS) of Ms. Randich’s and Mr. Randich’s 2000 Federal income tax            
          returns, Ms. Randich took the position that the payments made by            
          her former spouse, Mr. Randich, to her are nondeductible child              
          support for the taxable year 2000 and are not includable in her             
          income pursuant to section 71(c)(2).  Mr. Randich, however, took            
          the position that the payments made to his former spouse, Ms.               
          Randich, constitute alimony paid during taxable year 2000, which            
          he is entitled to deduct pursuant to section 215 and which is               
          taxable to Ms. Randich pursuant to section 71.                              
               As a result, respondent issued notices of deficiency to both           
          Ms. Randich and Mr. Randich to avoid the possibility of being in            
          a whipsaw position.  On December 4, 2002, respondent issued Ms.             
          Randich a notice of deficiency for taxable year 2000.  In the               
          notice of deficiency, respondent determined Ms. Randich had                 
          unreported alimony income of $28,800 and was liable for a                   
          deficiency of $6,091.  On October 15, 2003, respondent issued Mr.           
          Randich a notice of deficiency for taxable year 2000.  In the               
          notice of deficiency, respondent disallowed Mr. Randich’s claimed           






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