- 11 - Respondent asserts that Grummer v. Commissioner, supra, is indistinguishable from this case. We disagree. In Grummer, this Court, in excluding extrinsic evidence, found that there was no ambiguity in the language of the agreement and that “The parties stated with clarity that the periodic payments were to be treated solely as support for the children.” Id. at 679. No such clarity, however, is present in the documents before us. Accordingly, we deny respondent’s motion in limine and overrule all related subsequent objections. Petitioner, on the other hand, raises a relevancy objection to the introduction of a Minute Order of the Superior Court filed May 17, 1995. The order required petitioner to pay Ms. Wells $2,222 per month as “child support” and $275 per month as alimony, “COMMENCING FORTHWITH” from the date the Minute Order was filed. We sustain petitioner’s objection. This order modified petitioner’s payments beginning with June 1, 1995, and thereafter and has no bearing on petitioner’s payments made during taxable years 1990 and 1991. The order, in stating the “COURT RESERVES ISSUE OF RETROACTIVITY AS TO COMMENCEMENT OF SUPPORT ORDERS”, implies that its effectiveness is limited to modifying petitioner’s future support obligations only. Divorce or Separation Instrument While respondent does not question whether, under section 71(b)(1)(A), petitioner had made payments pursuant to a divorcePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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