- 15 - As previously noted, we believe the language to be merely precatory. In other words, we construe the Superior Court to recommend a particular allocation and to request notice if Ms. Ambrose elected this option. It also appears that the agreement of Mr. and Ms. Ambrose would have been necessary to effect a change in their stipulation. Also, the references in Ms. Ambrose's filings to allocations between spousal and child support were indirect and vague. The October 11, 1990, document contains the implication that the amounts reported as income were solely derived from monthly spousal support of $9,500; however, the space provided for spousal support was left blank. The affidavit accompanying the October 12, 1990, request for modification of the temporary order does, however, contain the statement that Ms. Ambrose received $9,500 in spousal support with estimated taxes paid on that amount. Likewise, the August 27, 1992, document lists $8,000 for child support and $9,500 for spousal support. Ms. Ambrose in her 1989 Federal income tax return reported the $9,500 proposed monthly amounts set forth in the memorandum of opinion. We note that the tax reporting of items in a particular manner is not probative evidence, but instead represents a self-serving representation. See Old Mission Portland Cement Co. v. Commissioner, 69 F.2d 676 (9th Cir. 1934),Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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