Alexandra S. Yankwich, f.k.a. Alexandra Y. Capps - Page 2




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          and Procedure.                                                              
               After concessions by the parties, this Court must decide               
          whether amounts received from petitioner’s former spouse under a            
          separation agreement are taxable to petitioner.                             
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioner resided in Raleigh, North Carolina, at the            
          time she filed her petition.                                                
               Petitioner married Robert L. Capps (Dr. Capps), a licensed             
          dentist, in 1978.  A son, Alexander, was born of the marriage.              
          Petitioner and Dr. Capps were divorced on May 22, 1995.                     
               In 1986, Dr. Capps formed Robert L. Capps, D.D.S., P.C.                
          (Corporation).  Dr. Capps owned 100 percent of the Corporation              
          until it was dissolved in 1997.                                             
               The Corporation entered into a dental practice partnership             
          (Partnership) with Mark Bowman, D.D.S. (Dr. Bowman).  On May 1,             
          1992, Dr. Bowman executed a promissory note (Note) in favor of              
          the Corporation to acquire his Partnership interest.  The Note              
          has an original principal amount of $366,677 and is payable in              
          monthly installments of $4,644.76, including an annual rate of              
          interest of 9 percent.                                                      
               On or about March 31, 1994, petitioner and Dr. Capps entered           
          into a Separation Agreement and Property Settlement (Separation             
          Agreement), consisting of 62 pages and a schedule of 9 pages.               
          Section X.C of the Separation Agreement provides, in part:                  






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