Geralyn M. Randich - Page 15

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          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).                                





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