- 2 - Respondent determined a deficiency in petitioner’s Federal income tax for 2002 in the amount of $9,350. After concessions by respondent, the sole issue for decision is whether petitioner properly deducted attorney’s fees paid in 2002 as alimony under section 71(b). We hold that he did not. Background Some of the facts have been stipulated, and they are so found. We incorporate by reference the parties’ stipulation of facts and accompanying exhibits. At the time the petition was filed, Charles H. Devers (petitioner) resided in St. Louis, Missouri. Petitioner and Nadine F. (Lundsgaard) Devers (Ms. Devers) were married in August 1973 and separated in January 2001. Ms. Devers filed a petition seeking a dissolution of her marriage to petitioner on August 1, 2001, in the Circuit Court of St. Louis County, Missouri (Family Court Cause No. 01FC-7461). A Judgment Pending Dissolution Proceeding (PDL) (sometimes referred to as an Order Pendente Lite) was filed on December 17, 2001, and required petitioner to pay $5,000 to Aaron Dubin (Mr. Dubin), attorney for Ms. Devers, “as and for attorney fees on account”. Petitioner did not appeal the order. The PDL did not specify whether petitioner’s obligation to pay the $5,000 would terminate upon either spouse’s death. In March 2002, petitioner paid the $5,000 as ordered by the PDL.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011