Nada Nahhas - Page 5

                                        - 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                                                 
               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