- 3 - Settlement Agreement which was attached to the Decree of Dissolution of Marriage, petitioner agreed that his child support payments were in arrears. In April of 2003, petitioner owed back child support payments of $14,777.08. On August 24, 2005, respondent issued to petitioner a notice of deficiency disallowing the alimony deduction, determining that petitioner failed to substantiate that he made any alimony payments during 2002. Discussion Petitioner bears the burden of proving that respondent’s determinations in the notice are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).1 Section 215(a) allows a deduction for the payment of alimony during a taxable year. Section 215(b) defines alimony as a payment that is includable in the gross income of the recipient under section 71. Section 71(a) provides that gross income includes amounts received as alimony or separate maintenance payments. Under the temporary order, petitioner was obligated to pay to Ms. Katcher alimony payments of $500 per month. Although not specified in the temporary order, petitioner claims that the 1Petitioner has not raised the issue of sec. 7491(a), which shifts the burden of proof to the Commissioner in certain situations. This Court concludes that sec. 7491 does not apply because petitioner has not produced any evidence that establishes the preconditions for its application.Page: Previous 1 2 3 4 5 6 NextLast modified: November 10, 2007