Jack Daniel Chavez, Sr. - Page 8




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          section 71(c), we sustain respondent with respect to the balance            
          of the payments made under the June 18, 2003, order.                        
               Accordingly, and based on the foregoing facts and                      
          discussion, we hold that petitioner is not entitled to an alimony           
          deduction under section 71 for taxable year 2002 and is not                 
          entitled to a deduction in 2003 for the balance of payments in              
          excess of “maintenance” made pursuant to the June 18, 2003,1                
          order.                                                                      
                                             In docket No. 23941-04S,                 
                                   decision will be entered for                       
                                        respondent.  In docket No.                    
                                              2374-06S, decision will be              
                                              entered under Rule 155.                 

















               1 As they are dated in 2004 and 2005, respectively, we will            
          not address the other orders previously discussed.                          







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