Jay Mukherjee - Page 3

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                                   OR                                                 
                    _____ for the Wife in the following amount:                       
                    ____________                                                      
               (4) As to the issue of LUMP SUM ALIMONY, We, the jury,                 
               find as follows:                                                       
                     for the Husband (no award to Wife)                               
                                   OR                                                 
                    X   for the Wife in the following amount:                         
                           $55,000                                                    
               On July 17, 2000, the Georgia Superior Court issued its                
          Final Judgment and Decree of Divorce.  This July 17, 2000, Final            
          Judgment noted and expressly incorporated therein the jury’s                
          verdict.  It further, among other things, required petitioner to            
          pay petitioner’s former wife as alimony $55,000 in cash, “lump              
          sum”.                                                                       
               As required by the jury verdict, petitioner paid $55,000 to            
          his former wife on August 1, 2000.                                          
               On his return for 2000, petitioner claimed and deducted the            
          $55,000 paid to his former wife as alimony under section 215.               
               In the notice of deficiency issued to petitioner, respondent           
          disallowed the $55,000 deduction for alimony paid that petitioner           
          claimed.                                                                    
          Discussion                                                                  
               Section 215(a) allows an individual taxpayer a deduction for           
          the alimony or separate maintenance payments made during that               
          taxpayer’s taxable year.  For purposes of section 215, “alimony             





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