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Plaintiff and shall terminate upon the death but not
remarriage of Barbara Buhr Okerson”.
8. It further appeared to the Court that in
paragraph 2 in the Motion on Order for Appellate
Attorney Fees the following appears:
“2. In the event 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) have been satisfied.”
9. It has been announced to the Court that said
paragraph 2 appearing in the Order on Motion for
Appellate Attorney Fees has been the basis of the
Internal Revenue Service questioning the tax
deductibility of said fees paid by John Russell
Okerson.
10. It is therefore held by this Honorable Court
in regard to the Order of Motion for Appellate Attorney
Fees that it was the stated intention of this Court to
make said alimony payments, which have been paid in
full by stipulation of the parties, taxable income to
Barbara Buhr Okerson and tax deductible to John Russell
Okerson as alimony.
11. It further appeared to the Court that the
paragraph 2 quote above contained a contingency that
did not occur and therefore should not be the basis of
confusion as to the Court’s intention in this cause.
12. It further appeared to the Court that
notwithstanding Barbara Buhr Okerson’s opposition to
the Court’s decision in this cause that the findings
and holdings of this Order are hereby ADJUDGED, ORDERED
AND DECREED.
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Last modified: May 25, 2011