- 2 - alimony certain amounts paid in accordance with a marital settlement agreement. This case was submitted fully stipulated under Rule 122. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The stipulated facts are incorporated herein by this reference. Petitioner's brief contains statements and attachments that were not stipulated and are not evidence. See Rule 143(b). We disregard these in making our decision. Background Petitioner resided in La Quinta, California, at the time he filed the petition in this case. Petitioner formerly was married to Patricia R. Cologne (Ms. Cologne). Petitioner and Ms. Cologne separated on March 21, 1993. On November 19, 1993, petitioner and Ms. Cologne entered into a marital settlement agreement (the agreement), which was filed with the Superior Court of the State of California for the County of San Diego on December 29, 1993. Pertinent portions of the agreement are as follows: RECITALS * * * * * * * 6. Husband is presently the sole proprietor of Gordon Cologne and Associates. This business has an estimated pre-tax net income of $19,500.00 per month. Wife is presently unemployed and has no earned income. Husband will retire on or about September 1, 1994,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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