Michael Robert Peterson - Page 3

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               Respondent determined a deficiency in Federal income tax of            
          $6,373.56 for the 2000 taxable year.  The issue for decision is             
          whether unallocated support payments constitute “alimony or                 
          separate maintenance payments” that petitioner may deduct under             
          section 215.                                                                
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner’s mailing address was Manville, New Jersey.           
               At the time of trial, petitioner was employed as a police              
          officer.  Petitioner and Dawn M. Peterson (Ms. Peterson) were               
          married prior to the year in issue.  They had two minor children:           
          Marc and Christopher.  In November 1999, petitioner filed for               
          divorce in the Superior Court of New Jersey, Chancery                       
          Division/Family Part, Hunterdon County (New Jersey court).                  
               The New Jersey court issued and filed on January 27, 2000,             
          an Order for Pendente Lite Relief (pendente lite order), which              
          provided in part:                                                           
                    1.  Legal custody of the two minor children of the                
               marriage, Marc and Christopher, shall be shared                        
               jointly.  Residential custody of Christopher shall be                  
               with plaintiff father.  Residential custody of Marc                    
               shall be with defendant mother.                                        
                    2.  Each child shall alternate weekends with the                  
               other parent from 7:00 p.m. Friday until 7:00 p.m.                     
               Sunday, so that both children are together every                       
               weekend.  Furthermore, they shall alternate Wednesday                  





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