Jay Mukherjee - Page 2

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          her “lump sum alimony”.  This case was submitted fully stipulated           
          under Rule 122.1  The stipulation of facts and the attached                 
          exhibits are incorporated herein by this reference.                         
          Background                                                                  
               At the time he filed his petition, petitioner resided in               
          Atlanta, Georgia.                                                           
               In 1997, petitioner married Rinku Mukherjee.  Sometime in              
          1999, petitioner filed a petition for divorce with the Superior             
          Court of DeKalb County, State of Georgia (the Georgia Superior              
          Court).  Mrs. Mukherjee then counterclaimed, asking, among other            
          things, for an equitable division of petitioner’s property and a            
          substantial alimony settlement.                                             
               In June 2000, the above matters in the Georgia Superior                
          Court divorce proceedings came to trial before a jury.  At the              
          end of the trial, the jury was instructed to render its verdict             
          by making findings as to a set of interrogatories in the special            
          verdict form that was provided to the jury.  Among other things,            
          in the verdict it rendered on June 22, 2000, the jury, found, in            
          pertinent part:                                                             
               (3) As to the issue of EQUITABLE DISTRIBUTION OF                       
               PROPERTY, We the jury, find as follows:                                
                    X   for the Husband (no award to Wife)                            


               1All Rule references are to the Tax Court Rules of Practice            
          and Procedure, and all section references are to the Internal               
          Revenue Code in effect for the year at issue.                               





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