- 4 - Perkins.3 On March 13, 2006, respondent issued a notice of deficiency. Petitioner then filed a timely petition with this Court. A trial was held on March 7, 2007, in Knoxville, Tennessee. OPINION I. Taxability of the $26,400 in Disability Benefits Received by Petitioner Pursuant to Paragraph 14(f) of the MDA As a general rule, the Commissioner’s determination of a taxpayer’s liability for an income tax deficiency is presumed correct, and the taxpayer bears the burden of proving that the determination is improper. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). But see sec. 7491(a). “Payments incident to a divorce traditionally fell into one of two categories for [the purpose of] Federal tax law: property settlements or alimony.” Rogers v. Commissioner, T.C. Memo. 2005-50. Payments characterized as property settlements are generally neither deductible from the income of the payor nor includable in the income of the payee. See Yoakum v. Commissioner, 82 T.C. 128, 134 (1984). The opposite is true for payments characterized as alimony. See sec. 215(a) (“In the case of an individual, there shall be allowed as a deduction an amount equal to the alimony or separate maintenance payments paid during such individual’s taxable year.”); sec. 71(a) (“Gross income 3 That return was prepared by John P. Konvalinka, the attorney representing petitioner in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008