William J. Wells - Page 11

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               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 divorce             





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