Deborah Lynn Israel - Page 4

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               42 1/2% of the difference between the net sale price and the           
               insider price.  Net sale price shall be defined as sale                
               price less closing costs and reasonable attorneys fees.                

               Additionally, Article VI of the separation agreement                   
          provided for child support.                                                 
               On August 4, 1988, by Judgment of Divorce, petitioner was              
          divorced from Dr. Israel (Judgment of Divorce).3  The separation            
          agreement was incorporated by reference but not merged into the             
          Judgement of Divorce.  On June 24, 1994 the Judgment of Divorce             
          was modified (modification).4   The modification in pertinent               
          part stated:                                                                
                    6.  The parties acknowledge that [Dr. Israel] may                 
               have overstated the amount of maintenance he had paid                  
               to [petitioner] during calendar years 1990, 1991 and                   
               1992.  To the extent that the amount claimed by [Dr.                   
               Israel] as a maintenance deduction exceeded the amount                 
               he was entitled to claim in accord with the                            
               [separation] Agreement, [Dr. Israel] agrees to                         
               indemnify and hold harmless [petitioner] for any                       
               liability imposed by the Internal Revenue Service, the                 
               State of New York and the City of New York for such                    
               overstatement. [Emphasis added.]                                       
               During 1990, Dr. Israel paid petitioner $5,000,5 which                 
          petitioner reported on her 1990 Federal return as taxable                   
          alimony.  Also, during the year in issue, pursuant to the terms             

          3         Judgment of Divorce dated August 4, 1988, by the                  
          Supreme Court of the State of New York in and for the County of             
          New York.                                                                   
          4         By Court Order Dated June 24, 1994, from the Family               
          Court of the State of New York, County of New York.                         
          5         The $5,000 maintenance payment was made pursuant to               
          Article III, paragraph c, of the separation agreement.                      




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