Charles Horton Devers - Page 3

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               Respondent determined a deficiency in petitioner’s Federal             
          income tax for 2002 in the amount of $9,350.                                
               After concessions by respondent, the sole issue for decision           
          is whether petitioner properly deducted attorney’s fees paid in             
          2002 as alimony under section 71(b).  We hold that he did not.              
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  We incorporate by reference the parties’ stipulation of             
          facts and accompanying exhibits.                                            
               At the time the petition was filed, Charles H. Devers                  
          (petitioner) resided in St. Louis, Missouri.                                
               Petitioner and Nadine F. (Lundsgaard) Devers (Ms. Devers)              
          were married in August 1973 and separated in January 2001. Ms.              
          Devers filed a petition seeking a dissolution of her marriage to            
          petitioner on August 1, 2001, in the Circuit Court of St. Louis             
          County, Missouri (Family Court Cause No. 01FC-7461).  A Judgment            
          Pending Dissolution Proceeding (PDL) (sometimes referred to as an           
          Order Pendente Lite) was filed on December 17, 2001, and required           
          petitioner to pay $5,000 to Aaron Dubin (Mr. Dubin), attorney for           
          Ms. Devers, “as and for attorney fees on account”.  Petitioner              
          did not appeal the order.  The PDL did not specify whether                  
          petitioner’s obligation to pay the $5,000 would terminate upon              
          either spouse’s death.  In March 2002, petitioner paid the $5,000           
          as ordered by the PDL.                                                      






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