- 6 - alimony deduction of $41,000. Ms. Bader filed a 2002 Form 1040, U.S. Individual Income Tax Return, prepared by a certified public accountant, on which she failed to report any alimony income. Discussion Mr. Ray and Ms. Bader bear the burden of proving that respondent’s determinations in the respective notices are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).2 I. Parties’ Arguments In the role of a stakeholder, respondent issued separate statutory notices of deficiency to Mr. Ray and Ms. Bader, addressing their inconsistent treatment of the payments. Respondent disallowed Mr. Ray’s alimony deduction of $41,000 based on the determination that Mr. Ray failed to substantiate that he actually paid $41,000 or that such amount was alimony. Respondent determined that Ms. Bader received alimony of $41,000 in 2002 and adjusted her income accordingly. Mr. Ray alleges that the claimed deduction of $41,000 represented the sum of all the payments made by him in 2002. He now agrees that any payments made prior to the March 13 2With respect to any factual issue relevant to ascertaining the liability of the taxpayer, sec. 7491(a) shifts the burden of proof to the Commissioner in certain situations. The resolution of the factual issue in this case does not depend upon which party has the burden of proof. Rather, the factual issue is decided upon the basis of the stipulated facts and the documents contained in the record. Therefore, sec. 7491(a) does not apply.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011