Carol A. Johanson and Alfred F. Melzig, Jr. - Page 2

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                    Held:  Since J has no liability to make payments                  
               after the death of C, the periodic payments to C                       
               constitute gross income includable as alimony payments                 
               under sec. 71, I.R.C.  They are therefore taxable to C.                

               Marjorie A. O’Connell, for petitioners.                                
               Jeffrey E. Gold and Ann M. Welhalf, for respondent.                    


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               NIMS, Judge:  By deficiency notice dated November 10, 2004,            
          respondent determined a deficiency in petitioners’ income tax for           
          2002 in the amount of $20,475, and a penalty under section                  
          6662(a) and (b)(1) in the amount of $4,095.  Unless otherwise               
          indicated, all section references are to sections of the Internal           
          Revenue Code in effect for all relevant times hereunder.  Rule              
          references are to Rules contained in the Tax Court Rules of                 
          Practice and Procedure.                                                     
               Respondent concedes the aforementioned penalty.                        
          Consequently, the only issue remaining for decision is whether              
          the payments totaling $63,000 which petitioner Carol A. Johanson            
          (petitioner or Carol) received in 2002 from her former spouse,              
          John Weiler (John), are taxable as alimony under section 71.                
               Petitioners resided in California when they filed their                
          petition.                                                                   









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