Jeffrey Ercolino - Page 9

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               The $15,480 petitioner paid to his former spouse during                
          the year in issue constitutes child support; no portion of that             
          payment is allocable to alimony.  Sec. 71(c).  It follows that              
          petitioner is not entitled to an alimony deduction for 2002,                
          and respondent’s disallowance of that deduction is sustained.               
          2. Negligence Penalty                                                       
               According to respondent, the underpayment of tax required              
          to be shown on petitioner’s 2002 return is due to negligence or             
          intentional disregard of rules or regulations.  See sec.                    
          6662(a), (b)(1), and (c).  Respondent bears the burden of                   
          production with respect to the imposition of the penalty.  Sec.             
          7491(c).                                                                    
               In this case the “underpayment of tax” equals the                      
          deficiency, which except for derivative computational                       
          adjustments, results from the disallowance of the alimony                   
          deduction discussed above.  Secs. 6211, 6664(a); sec. 1.6664-               
          2(a), Income Tax Regs.  Respondent argues that petitioner, by               
          deducting as alimony a portion of child support payments made               
          during the year in issue, was “negligent” within the meaning of             
          section 6662(a).                                                            
               Because the parties are well-versed in the controlling                 
          principles, we see little point in burdening this summary                   
          opinion with a detailed discussion of negligence, as that term              
          is used in the Internal Revenue Code.  Suffice it to note that              






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