Bryan Douglas Emmel - Page 4




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               Petitioner timely filed his Form 1040, U.S. Individual                 
          Income Tax Return, for 2004 (2004 return) as head of household,             
          claiming $10,080 of the $16,800 deposited in the joint bank                 
          account was alimony paid to Deborah Emmel.                                  
               On April 14, 2006, petitioner filed a petition for                     
          dissolution of marriage with the district court.  The marriage              
          was dissolved on May 15, 2006.  The district court’s conclusions            
          of law with respect to the dissolution of marriage stated Deborah           
          Emmel voluntarily waived her right to obtain maintenance.                   
               On October 13, 2006, respondent issued a notice of                     
          deficiency denying petitioner’s deduction for alimony paid of               
          $10,080 claimed on the 2004 return.  Petitioner timely filed his            
          petition with this Court on November 14, 2006.                              
                                     Discussion                                       
               Section 215(a) provides that an individual is allowed as a             
          deduction the amount equal to the alimony or separate maintenance           
          payments paid during the individual’s taxable year.  The term               
          “alimony or separate maintenance payment” means any alimony or              
          separate maintenance payment (as defined in section 71(b)) which            
          is includable in the gross income of the recipient under section            
          71.  Sec. 215(b).  An alimony or separate maintenance payment is            
          any payment in cash that satisfies the four requirements listed             
          under section 71(b)(1).  Sec. 71(b).  The first requirement is              
          that the payment be received by or on behalf of a spouse under a            







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