- 4 - The judgment provided, in the findings section: 11. The Court finds this is a case that utilizing the factors in Section 504 for an award of permanent maintenance is warranted. The Court ordered unallocated support shall be in the amount of $7,500.00 per month. The payment of unallocated maintenance and support from the Husband to the wife shall be reviewed when the youngest child attains the age of 18 years old. The maintenance portion of unallocated maintenance and support shall be permanent. * * * * * * * Further, the ordered, adjudged, and decreed part of the order provided: C. That [Mr. Nahhas] shall pay to [petitioner] the sum of $7,500.00 per month as and for the unallocated support of his family. It is the intention of the Court that such sum shall be taxable to [petitioner] and deductible by [Mr. Nahhas]. Further the duration of such award shall be until the minor child reaches 18 years of age. That [Mr. Nahhas] is barred from any claim for maintenance from [petitioner]. On Line 11 of her Federal income tax return, petitioner reported income of $105,600 as alimony received but lined out this figure and reported only $13,715 of Schedule C, Profit or Loss from Business income.3 Discussion The Commissioner’s determinations are presumed correct, and taxpayers generally bear the burden of proving otherwise. Welch 3 Apparently the $105,600 amount represents 8 monthly payments of $13,200 or 16 bi-monthly payments of $6,600. However if one uses the Apr. 15, 2002, effective payment date, as provided by the temporary order, 9 monthly or 18 bimonthly payments were made in 2002 totaling $118,800.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011