Tyrone Sharp and Alvera Sharp, a.k.a. Alvera Crockett - Page 5

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               In accordance with the settlement agreement, during the last           
          3 months of 1999 petitioner made the following payments directly            
          to, or on behalf of, his former spouse:  (1) $660 per month as              
          lump-sum alimony; (2) $299 per month for her car lease; (3) $112            
          per month for her SBA loan; and (4) $133 per month for her health           
          insurance.                                                                  
               During 1999, petitioner received Social Security disability            
          benefits in the amount of $13,512.  Although paid entirely during           
          1999, these benefits are attributable to 1997, 1998, and 1999.              
               Petitioner married Alvera Sharp (Mrs. Sharp) in 1999.                  
          Although married to Mrs. Sharp as of the close of 1999,                     
          petitioner and his former spouse filed a joint 1999 Federal                 
          income tax return.  They reported adjusted gross income of                  
          $23,159 on that 1999 return.  The adjusted gross income reported            
          on petitioner’s 1999 return does not take into account the Social           
          Security disability benefits he received that year.                         
               In the notice of deficiency, respondent changed petitioner’s           
          filing status for 1999 from married filing a joint return, to               
          married filing a separate return.  As a result, respondent                  
          determined that 85 percent of the Social Security disability                
          benefits ($11,485) received by petitioner during 1999 is                    
          includable in income for that year.                                         









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