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Respondent determined a deficiency in petitioner's Federal
income tax for 2002 of $2,745. The sole issue for decision is
whether certain payments petitioner received from her former
spouse during 2002 are includible in petitioner's income under
section 71(a).
Background
Some of the facts have been stipulated and are so found. We
incorporate by this reference the stipulation of facts and the
exhibits attached thereto. At the time the petition was filed,
petitioner resided in Pensacola, Florida.
Petitioner and William Mills Burns (Mr. Burns) were married
in March 1989 and lived together as husband and wife in a house
they mutually owned (marital home) until their separation around
August 2000. After their separation, Mr. Burns did not reside in
the marital home. Early in 2001, petitioner and Mr. Burns
discussed and agreed to the terms for dividing their property and
divorcing. Petitioner summarized the general terms of their
agreement in a handwritten outline. The outline provided, inter
alia, that (1) the marital home was to be sold with 60 percent of
the net proceeds going to petitioner and the remaining 40 percent
going to Mr. Burns, (2) petitioner would have sole use of the
marital home until the sale was complete, and (3) Mr. Burns would
pay petitioner "$1400 a month for house, yard, & animals, until
house sells", and "$500 a month after house sells until I
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