- 2 - Respondent determined a deficiency of $2,894.58 in petitioner’s 2002 Federal income tax. The sole issue for decision is whether petitioner is entitled to deduct attorney’s fees paid in 2002 as alimony pursuant to section 71(b). We hold that he is not. Background This case was submitted fully stipulated pursuant to Rule 122. The stipulation of facts and the attached exhibits are incorporated herein by reference. At the time the petition was filed, petitioner was incarcerated at the South Woods State Prison in Bridgeton, New Jersey. Petitioner was married to Anna L. Salesky, although the underlying record is silent as to the actual dates of their marriage and separation. Ms. Salesky filed a petition seeking the dissolution of the marriage in the Superior Court of New Jersey, Chancery Division - Family Part, Burlington County, New Jersey. On June 4, 2002, the Court ordered petitioner to contribute the sum of $7,500 directly to the law firm of Domers & Bonamassa, P.C., as and for Ms. Salesky’s counsel’s fees in connection with the underlying divorce proceeding. Paragraph 2 of the order provided: “Defendant shall contribute the sum of $7,500 as and for plaintiff’s counsel fees to date in the above captioned matter. Said amount shall be paidPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011