-31- orders were not given effect for tax purposes. The difference was that the Johnson taxpayer made a showing "that the original decree did not correctly state the divorce court's determination at the time of its entry." Id. The circumstances here are peculiar in that the original decree was for $1 and Ms. Zurn's retained joint interests in property could provide an explanation for the $1,000 payments as being for some purposes other than spousal support. Further, it is curious that the $1,000 payment continued beyond the 15-year period called for in the divorce decree and that Ms. Zurn retained a joint interest in the real property after the 15-year obligation to pay spousal support had concluded. These circumstances have given respondent reason to question whether petitioner was entitled to claim the $1,000 payments as alimony. The uncontroverted evidence in this case, however, shows that the original decree was incorrect. The evidence supporting this finding includes the testimony of petitioner and of Ms. Zurn, and the order entered by a California State judge correcting what is referred to as a clerical error in the original decree. Additionally, we note that it may have been to Ms. Zurn's detriment to join in the stipulation correcting the original decree from $1 to $1,000. We use the term "may" because the record here does not indicate whether Ms. Zurn reported income from alimony during the period in question. If thePage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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