Jeanne E. Amarasinghe - Page 3




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          Federal income tax for 2002, and a deficiency of $36,548 in                 
          petitioner Jeanne Amarasinghe’s (Ms. Amarasinghe) Federal income            
          tax for 2002.  Because these cases present common issues of fact            
          and law, they were consolidated for purposes of trial, briefing,            
          and opinion.  Rule 141(a).1  There are three issues for decision:           
               (1)  Whether the distribution from Dr. Amarasinghe’s profit            
          sharing plan was made pursuant to a qualified domestic relations            
          order (QDRO) and therefore was taxable income to Ms. Amarasinghe            
          instead of Dr. Amarasinghe.  We hold that it was not.                       
               (2)  If the distribution was not made pursuant to a QDRO,              
          what portion of the distribution was alimony and therefore income           
          to Ms. Amarasinghe and deductible by Dr. Amarasinghe.  We hold              
          that $75,318 of the distribution was attributable to alimony.               
               (3)  Whether Ms. Amarasinghe is entitled to an award of                
          litigation expenses from Dr. Amarasinghe.  We hold that she is              
          not.                                                                        
                                     Background                                       
               The parties fully stipulated the facts in these cases                  
          pursuant to Rule 122.  The stipulation of facts and the                     
          accompanying exhibits are incorporated herein by this reference.            




               1  Unless otherwise indicated, all Rule references are to              
          the Tax Court Rules of Practice and Procedure, and all section              
          references are to the Internal Revenue Code of 1986, in effect              
          for the year in issue.                                                      






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