- 4 - neither a heading nor a specific designation of money to be paid to Tulay as alimony. Petitioner signed the MDA on August 23, 2002, and it was filed by Sobieski with the Chancery Court for Knox County, Tennessee (the Tennessee Court), on August 28, 2002. On September 3, 2002, the Tennessee Court entered a Final Decree of Divorce and found that petitioner and Tulay had made “adequate and sufficient provisions in their * * * [MDA] for an equitable settlement of any and all property rights, custody and support”. The MDA was incorporated as an “Order of the Court”, and petitioner and Tulay were ordered to comply with its terms. On September 16, 2002, UBS Paine Webber (Paine Webber) issued a check to Tulay in the amount of $79,340.74, representing a 50-percent interest in one of petitioner’s retirement accounts and the $35,000 payment required under the terms of the MDA. On April 15, 2003, petitioner electronically filed a Form 1040, U.S. Individual Income Tax Return, for 2002, on which he claimed a deduction of $35,000 for alimony. Petitioner had assistance from Harold Adair (Adair) of H&R Block in filling out his tax return. Adair had been assisting petitioner in filling out his tax returns for the prior 6 or 7 years. Petitioner told Adair that the $35,000 payment was alimony to pay for the education of Tulay; however, he did not provide Adair with the MDA. After reviewing with petitioner Internal Revenue Service Publication 504 and the requirements for a payment to bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011