- 14 - deduction of $28,800 for alimony paid during tax year 2000, determining that the payments were nondeductible child support and that Mr. Randich was liable for a tax deficiency of $6,683. Discussion4 In the present circumstance, respondent is caught in a potential “whipsaw” position. A whipsaw occurs when different taxpayers treat the same transaction involving the same items inconsistently, thus creating the possibility that income could go untaxed or two unrelated parties could deduct the same expenses on their separate returns. In such circumstances, the Commissioner is fully entitled to defend against inconsistent results by determining in notices of deficiency that both parties to the transaction are liable for the deficiency. Estate of Dooley v. Commissioner, T.C. Memo. 1992-557; Moore v. Commissioner, T.C. Memo. 1989-306. The deductibility of alimony is governed by sections 71 and 215. The Deficit Reduction Act of 1984 (DEFRA), Pub. L. 98-369, sec. 422, 98 Stat. 795, applicable to divorce instruments executed after December 31, 1984, amended both sections. The parties have stipulated that the judgment for dissolution of marriage was entered by the circuit court on April 12, 2000. 4We decide the issues in this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of sec. 7491(a)(1) is applicable in this case. See Higbee v. Commissioner, 116 T.C. 438 (2001).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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