Doris Neill Mozley - Page 4




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               be considered as alimony by the plaintiff and included by              
               her in her taxable income. * * * [These payments] shall                
               continue on the 10th day of each month thereafter until                
               the death of the plaintiff regardless of her marital                   
               status * * *                                                           
               *        *        *        *        *        *        *                
                    (n) All payments required to be made by the                       
               defendant to the plaintiff are intended to be payments of              
               alimony and said payments of alimony shall be deductible               
               by the defendant and taxable to the plaintiff on their                 
               federal and state income tax returns.  The plaintiff                   
               shall declare said payments received as alimony and                    
               income to her on her tax returns.                                      
                    (o) This agreement has been negotiated and executed               
               on the assumption that the payments made by the defendant              
               to the plaintiff or made on his behalf will be deductible              
               by the defendant and taxable to the plaintiff.  If, as a               
               result of a final and binding judicial determination, or               
               because of the subsequent change in the governing law or               
               its authorizative [sic] interpretation, it is established              
               that any or all of said payments will no longer be                     
               taxable to the plaintiff or deductible to the defendant,               
               the provisions regarding alimony shall be subject to                   
               renegotiation.  If the defendant and the plaintiff are                 
               unable to arrive at a mutually satisfactory readjustment               
               of these provisions to take account of the changed tax                 
               impact, then the matter shall be submitted to a court for              
               final and binding determination. Such renegotiatibility                
               [sic] shall in no event effect [sic] the validity of the               
               remaining provisions of this consent order and property                
               settlement.                                                            
               In August 1996, petitioner and Mr. Mozley amended the                  
          agreement (the amended agreement), and the district court entered           
          a Memorandum of Order, incorporating the amended agreement.  In             
          relevant part, this order stated:                                           
                    10.(b)    [The payment to petitioner of half of                   
               her former spouse’s military retirement pay should                     
               continue as agreed] except that the plaintiff shall                    
               receive the payment directly from the Navy in the                      






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