Fred J. Pettid - Page 14




                                         - 14 -                                       
                                       OPINION                                        
                  The issue for decision is whether monthly payments                  
             made by petitioner to Ms. Wagner in each of the years in                 
             issue, pursuant to the Annulment Agreement, are properly                 
             characterized as deductible alimony under section 215(a),                
             as petitioner contends, or as nondeductible payments in                  
             settlement of a claim for damages, as determined by                      
             respondent.  Petitioner bears the burden of proving                      
             respondent's determination wrong.  See Rule 142(a).                      

             Evidentiary Issues                                                       
                  As a preliminary matter, we must decide respondent's                
             objection to the introduction of 18 joint exhibits.  Four                
             of the joint exhibits relate to the divorce proceeding                   
             between petitioner and Ms. Wilma Rae Pettid.  They are                   
             described as follows:                                                    

                  5-E Decree dissolving petitioner's marriage to                      
                       Ms. Wilma Rae Pettid, issued by the District                   
                       Court of Douglas County, Nebraska, on March                    
                       12, 1982.                                                      
                  6-F Property Settlement Agreement executed by and                   
                       between petitioner and Ms. Wilma Rae Pettid.                   
                  7-G Answers to Interrogatories filed in the divorce                 
                       proceeding.                                                    
                  8-H Affidavit RE: Application for Support, Fees,                    
                       Custody, Etc. and Financial Statement, filed in                
                       the divorce proceeding.                                        







Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011