Stanley P. Zurn - Page 31

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          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 the                  






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