John R. Ray IV and Rochelle L. Ray - Page 7

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         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.           




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