- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008