Maria Popova 360x1000
3paradise
2falsewitness
Thomas Piketty3 360x1000
Margaret Fuller1 360x1000
1lafayette
299
11632
1lookingforthegoodwar
AlexRosenberg
3confidencegames
1confidencegames
Samuel Johnson 360x1000
1albion
1lauber
2transadentilist
George M Cohan and Lerarned Hand 360x1000
Margaret Fuller2 360x1000
Margaret Fuller4 360x1000
Tad Friend 360x1000
2defense
Mary Ann Evans 360x1000
2jesusandjohnwayne
3albion
1jesusandjohnwayne
Learned Hand 360x1000
2lafayette
Brendan Beehan 360x1000
Edmund Burke 360x1000
Thomas Piketty1 360x1000
Margaret Fuller 360x1000
7confidencegames
6confidencegames
Mark V Holmes 360x1000
Storyparadox1
Spottswood William Robinson 360x1000
2albion
2theleastofus
2lookingforthegoodwar
Anthony McCann1 360x1000
lifeinmiddlemarch1
14albion
7albion
2gucci
Richard Posner 360x1000
1paradide
lifeinmiddlemarch2
1gucci
storyparadox2
12albion
1empireofpain
Susie King Taylor2 360x1000
1falsewitness
2paradise
10abion
Adam Gopnik 360x1000
James Gould Cozzens 360x1000
1trap
3theleastofus
Lafayette and Jefferson 360x1000
5confidencegames
1transcendentalist
13albion
Stormy Daniels 360x1000
8albion'
4albion
Susie King Taylor 360x1000
Margaret Fuller3 360x1000
199
Thomas Piketty2 360x1000
Betty Friedan 360x1000
1defense
Gilgamesh 360x1000
2confidencegames
9albion
Ruth Bader Ginsburg 360x1000
Margaret Fuller 2 360x1000
5albion
2trap
1madoff
399
LillianFaderman
George F Wil...360x1000
499
1theleasofus
4confidencegames
Maurice B Foley 360x1000
Anthony McCann2 360x1000
storyparadox3
Office of Chief Counsel 360x1000
Margaret Fuller5 360x1000
3defense
11albion
6albion
Originally Published on forbes.com on April 14th, 2012

______________________________________

Dave LaPoint was a major league pitcher in the eighties and into the nineties.  He pitched for the Yankees and for numerous lesser teams and then moved on to minor league coaching.  He was recently in Tax Court over alimony deductions in 2002 and 2004.  The deductions were rather hefty $294,749 and $385,964.  He should have had Newt Gingrich’s divorce attorney.  As it turns out the Tax Court ruled the payments were not deductible.
LaPoint married Laura Jean Clear in 1990 and entered into a post-nuptial agreement in 1991.  Under the terms of the agreement he was required to deposit $50,000 per year into a bank account in her name as long as he was playing major league baseball.  He also assigned to her his interest in “collusion moneys”.  At the time there was an arbitration going on between the players and the owners alleging that the owners had conspired to hold down salaries.  The post-nuptial agreement included an important clause – Binding  on Heirs. This post-nuptial agreement shall inure to the benefit of, and be binding upon, the parties hereto, their heirs, executors, legal representatives and assigns.
 Ms. Clear filed for divorce in 2002 and argued that the post-nuptial agreement should be binding.  She won on that point and the divorce was fianlized in 2005.  As the divorce was proceeding the collusion money ship finally came in:
On his Federal income tax returns for 2002 and 2004 petitioner reported payments of MLB proceeds of $294,749 and $385,964, respectively, as gross income and deducted corresponding amounts as alimony paid. The returns were prepared by Milton Shaiman, a certified public accountant and member of the Tax Court bar, who advised petitioner that the payments were deductible as alimony. Respondent subsequently disallowed the alimony deductions in a statutory notice of deficiency.
 There are four requirements that have to be met for a payment to be alimony.  The payment has to be under a divorce or separation agreement.  There has to not be an agreement that the payment is not alimony.  The couple has to be living apart.  The fourth requirement is:
there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse
 The Court noted that:
The plain terms of the postnuptial agreement assign petitioner’s interest in the MLB proceeds to Ms. Clear. Because by its terms the postnuptial agreement inures to the benefit of her “heirs, executors, legal representatives and assigns,” Ms. Clear’s right to receive the MLB proceeds would survive her death.
Mr. LaPoint’s attorney argued that since under the agreement Ms. Clear had waived support the payments were a substitute for alimony.  The Court pointed out, however, that she also waived a property settlement and that the definitions in Code Section 71 were put into place to avoid that kind of guesswork about intent.
The 20% accuracy penalty was not upheld on the alimony disallowance because Mr. LaPoint, a baseball player, as the Court noted, had relied on a CPA/tax attorney, to whom he had provided all relevant information.  Possibly a hockey player would have been held to a higher standard, but they did not get into that.  He was hit with the penalty on $158,615 in unreported interest income, for which he had no explanation.
You can follow me of twitter @peterreillycpa.