Michael P. Tulay - Page 5

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          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 be                    






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