Randolph S. Simpson I - Page 4

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               Any and all sums, whether matured or unmatured, accrued or             
               unaccrued, vested or otherwise, together with all increases            
               thereof, the proceeds therefrom, and any other rights                  
               related to any profit-sharing plan, retirement plan, pension           
               plan, employee stock option plan, employee savings plan,               
               accrued unpaid bonuses, or other benefit program existing by           
               reason of Petitioner’s past or present employment.                     

          The divorce decree contained a similar provision in favor of Ms.            
          Simpson.  The decree further awarded Ms. Simpson a money judgment           
          of $17,900 to effect “a just and right division of the community            
          estate.”  The divorce decree further provided, however, that the            
          money judgment “is part of the division of the community estate             
          between the parties and does not constitute, nor shall it be                
          interpreted to be, any form of spousal support, alimony or child            
          support.”  The payment of $17,900 by petitioner to his former               
          spouse in satisfaction of the money judgment was acknowledged in            
          the decree.  To pay the money judgment to Ms. Simpson, petitioner           
          used part of the proceeds he had received from the ESOP                     
               On his 1997 Federal income tax return, petitioner claimed              
          head-of-household filing status, reported $23,818 wage income,              
          and claimed the standard deduction.  On line 16a, Total pensions            
          and annuities, petitioner reported $42,806 and reported the                 
          entire amount as taxable on line 16b, Taxable amount.  On line              
          30a, Alimony paid, petitioner claimed an adjustment to income of            
          $17,900 for alimony paid.  No other income or adjustments were              

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