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$3,623.49 as car payments
9,166.00 as mortgage payments on the marital home
3,398.55 as rent for the apartment
419.19 to Brooklyn Union Gas
3,001.00 to a gardener
2,357.72 to Con Edison for electricity
2,983.12 to Quinlan Oil
887.42 to Town & Country Pool
9,952.07 as insurance payments
185.33 to New York Telephone
1,248.93 as miscellaneous expenses (plumbing,
electricity, water, etc.)
On his 1991 return, Harvey deducted as alimony $62,999.5
During 1990 and 1991, with certain exceptions, Harvey sent
weekly checks to Hermine. These checks were generally for $530,
although they were frequently for lesser amounts, sometimes with
an offset for some item such as utilities noted on the check and
sometimes without explanation. Similarly, Harvey generally made
out monthly checks to Hermine during this period on which “car
payment” was noted.
Harvey did not make the $530 weekly payments unfailingly.
On June 18, 1991, Hermine’s counsel, Mr. Moser, sent a letter to
Harvey’s counsel, Mr. Rosenthal, as follows:
Dear Mr. Rosenthal:
I am advised that your client [Harvey] has failed
to remit his maintenance payments for the following
5 As was the case for 1990, the amount deducted as alimony
by Harvey for 1991 ($62,999) does not equal the amount stipulated
as paid directly to or on behalf of Hermine ($62,235.37). The
parties have also offered no explanation for this discrepancy,
but it is likewise without significance because we conclude that
Harvey is entitled to an alimony deduction for 1991 that is less
than $62,235.37.
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