- 5 - treated as alimony and is to be included in petitioner’s 1999 income. We agree with respondent. The $240,000 petitioner received in 1999 from her husband under the July 7, 1998, court order constituted alimony and is includable in petitioner’s 1999 taxable income. The January 12, 2000, minute order of the superior court does not retroactively change the character of the $240,000 petitioner received in 1999. See Graham v. Commissioner, 79 T.C. 415, 420 (1982); Gordon v. Commissioner, 70 T.C. 525, 530 (1978); Ali v. Commissioner, T.C. Memo. 2004-284. Alternatively, petitioner argues that because the $240,000 she received from her husband in 1999 also was reported on her 2000 Federal tax return, she should not be taxed on the $240,000 again in 1999. To the contrary, as a cash basis taxpayer, petitioner for 1999 must report and pay taxes on the alimony she received in 1999. See sec. 451(a). Petitioner should have filed an amended 2000 Federal income tax return to correct the overreporting for 2000 of alimony she received in 2000. For the reasons stated, the $240,000 petitioner received from her husband in 1999 is to be treated as alimony and is includable in petitioner’s 1999 income. Because respondent has sustained his burden of production as to the section 6662(a) accuracy-related penalty and the sectionPage: Previous 1 2 3 4 5 6 NextLast modified: March 27, 2008