Income Tax Issues
Accuracy Related Penalty

Leyh v. Commissioner
157 T.C. No. 7

On October 4, 2021, the Tax Court issued its opinion in Leyh v. Commissioner (157 T.C. No. 7). The primary issue presented in Leyh v. Commissioner was whether the petitioner was entitled to deduct, as alimony, an amount equal to the premiums paid to provide health insurance coverage for his then spouse Held:  Yes, sir. Background to Leyh v. Commissioner In 2012, the petitioner in Leyh v. Commissioner, Mr. Leyh, filed for divorce from his then wife,

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Scott St. Amand October 10, 2021
Business Related Issues
Alimony

Schroeder v. Commissioner
T.C. Memo. 2020-117

On August 5, 2020, the Tax Court issued a Memorandum Opinion in the case of Schroeder v. Commissioner (T.C. Memo. 2020-117). The primary issue before the court in Schroeder was whether payments that petitioner-husband made to his petitioner-ex-wife and his divorce lawyer had the effect of increasing the basis in an LLC indirectly owned by petitioner-husband. Background to Schroeder v. Commissioner Petitioner-husband (PH) founded the partnership DCA, LLC in 2003. In 2008, PH assigned his

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Scott St. Amand August 5, 2020
Income Tax Issues
Alimony

Biddle v. Commissioner
T.C. Memo. 2020-39

On April 6, 2020, the Tax Court issued a Memorandum Opinion in the case of Biddle v. Commissioner (T.C. Memo. 2020-39). The issue before the court in Biddle v. Commissioner was whether the petitioner’s payments to his former spouse, which, under the terms of a divorce decree, ended at his youngest child’s 18th birthday, were deductible alimony payments under IRC § 215 or whether the contingency related to his children transformed the “alimony” into nondeductible

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Scott St. Amand April 6, 2020
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Leyh v. Commissioner
157 T.C. No. 7

On October 4, 2021, the Tax Court issued its opinion in Leyh v. Commissioner (157 T.C. No. 7). The primary issue presented in Leyh v. Commissioner was whether the petitioner was entitled to deduct, as alimony, an amount equal to the premiums paid to provide health insurance coverage for his then

Read More »
Scott St. Amand October 10, 2021

Schroeder v. Commissioner
T.C. Memo. 2020-117

On August 5, 2020, the Tax Court issued a Memorandum Opinion in the case of Schroeder v. Commissioner (T.C. Memo. 2020-117). The primary issue before the court in Schroeder was whether payments that petitioner-husband made to his petitioner-ex-wife and his divorce lawyer had the effect of increasing the basis in

Read More »
Scott St. Amand August 5, 2020

Biddle v. Commissioner
T.C. Memo. 2020-39

On April 6, 2020, the Tax Court issued a Memorandum Opinion in the case of Biddle v. Commissioner (T.C. Memo. 2020-39). The issue before the court in Biddle v. Commissioner was whether the petitioner’s payments to his former spouse, which, under the terms of a divorce decree, ended at his

Read More »
Scott St. Amand April 6, 2020