- 13 - 3. Whether Petitioner and His Former Spouse Had a Written Separation Agreement Before December 19, 1987 Petitioner and his former spouse separated on March 27, 1987. Respondent contends that we should not believe petitioner’s testimony that his former spouse gave him a list of her expenses which totaled about $3,700 per month which he agreed to pay. Respondent points out that petitioner did not provide respondent or the Court with a copy of the list but gives no other reason that we should disbelieve petitioner. Petitioner’s claim is consistent with the fact that he in fact paid those amounts in the months after April 1987. We accept petitioner’s testimony that his former spouse gave him a written list of her expenses and that he told her that he would pay those amounts. Petitioner contends that his oral agreement is part of a written separation agreement. We disagree; an agreement must be written for purposes of section 71(b)(2). Sec. 71(b)(2); Grant v. Commissioner, supra; see Gordon v. Commissioner, 70 T.C. 525, 529 (1978) (interpreting similar language in section 71(a)(1)). The family law attorneys for petitioner and his former spouse conducted negotiations relating to the terms of a separation agreement from August to November 1987, but they did not reach an agreement. On December 19, 1987, the family law attorneys signed a stipulated judgment. The stipulated judgment required petitioner to pay alimony of $2,100 per month and child support of $1,200 per month, and to pay community obligationsPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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