Robert L. Stahl - Page 11




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                    (3) Special Rule Where Payment Is Less Than                       
                    Amount Specified In Instrument.--For purposes of                  
                    this subsection, if any payment is less than the                  
                    amount specified in the instrument, then so much                  
                    of such payment as does not exceed the sum payable                
                    for support shall be considered a payment for such                
                    support.                                                          
          II.  1994 Adjustment                                                        
               A.  Introduction                                                       
               Petitioner argues:  “As ordered by the * * * [State Court],            
          alimony was paid in the amount of $2,500.00 per month for June              
          through December of 1994 and for January through May of 1995”.4             
          Respondent makes numerous arguments in response.  Respondent’s              
          principal argument is:  “At no time did the petitioner attempt to           
          reconcile his alimony deduction with any actual payments (in                
          cash) nor did he attempt to allocate the $2,500 payments between            
          child support and alimony.”                                                 





               4  At trial, petitioner testified that he computed his                 
          deduction for alimony paid during 1994 ($20,000) on the basis of            
          8 monthly payments of $2,500 from May through December.  That               
          computation is consistent with finding number three in the                  
          supplemental final judgment that, on May 26, 1994, Ms. Hodson’s             
          counsel moved for, among other things, temporary support,                   
          although that motion did not come on for hearing until Aug. 18,             
          1994, and was not subject to an order until Sept. 8, 1994.                  
          Indeed, respondent argues that petitioner computed his 1994                 
          deduction for alimony paid simply by multiplying the number of              
          months (8) during 1994 for which he was required to pay $2,500 by           
          that sum to arrive at the $20,000 deduction claimed.  Respondent            
          does not concede that any such payments were made.  We shall                
          consider petitioner’s argument to be that he made such payments             
          for May through December 1994.                                              





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