- 11 - and are not allowable as a deduction to Mr. Nahhas. Richardson v. Commissioner, supra at 556. Petitioner argues that the payments were always intended to be nontaxable child support. To support her contention, petitioner presented testimony at trial that the dollar amounts provided for in the temporary order were based on guidelines set forth under State law for child support. In addition, petitioner’s attorney during the marital dissolution proceedings testified at length that he intended that the payments under the temporary order to be for child support and, hence, nontaxable to petitioner.5 The Court concludes that the payments do not qualify as child support under section 71(c)(1). Thus, petitioner received alimony under the temporary order in 2002 in the amount of $118,800. ($13,200 per month x 9 months). II. Interest Income Generally, gross income means all income from whatever source derived, including interest income. Sec. 61(a)(4). During 2002, respondent received information from third-party payers that petitioner received interest income from three 5 Petitioner’s attorney evidently drafted the temporary order after a hearing and at the direction of the circuit court. Upon review, the circuit court adopted the temporary order.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