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($7,440.00) Dollars shall be paid to Larry Rice within
ninety (90) days from September 7, 1994.
On October 2, 1997, the State court, upon remand of the case
from a State appellate court, see Okerson v. Okerson,
No. 02A01-9507-CV-00147 (Tenn Ct. App., Mar. 27, 1997), entered
an order (1997 decree) that decreed as follows:
1. John Russell Okerson shall pay to Larry Rice,
attorney for the Defendant [Barbara Buhr Okerson], for
the benefit of Barbara Buhr Okerson, Thirty Three
Thousand Five Hundred ($33,500.00) Dollars as alimony
necessary for her support as follows: Immediate
payment of Seven Thousand Five Hundred ($7,500.00)
Dollars; Seven Hundred Fifty ($750.00) Dollars per
month for forty-one (41) months beginning October 1997,
with the final payment February 2001. Said alimony is
taxable to the Defendant and deductible by the
Plaintiff [petitioner] and shall terminate upon the
death but not the remarriage of Barbara Buhr Okerson.
2. In the event that Barbara Buhr Okerson should
die before John Russell Okerson has satisfied his
alimony obligation under this agreement, John Russell
Okerson agrees and is hereby ordered to make payments
in an amount equal to his remaining alimony obligation
to Larry Rice, attorney for the Defendant, for a period
no longer than the period originally scheduled for the
alimony payments or until an amount equal to his
remaining alimony obligation (appellate attorney fees
and expenses) has been satisfied.
During 2000, petitioner paid $12,600 pursuant to the 1995
decree and $9,000 pursuant to the 1997 decree. On their joint
2000 Federal income tax return, petitioners claimed an alimony
deduction for the total amount of $21,600. Respondent disallowed
that deduction in a notice of deficiency issued to petitioners on
April 10, 2003. On May 23, 2003, petitioners petitioned this
Court to redetermine that disallowance.
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