Robert L. Tovar - Page 3

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               The sole issue for decision is whether a payment of $20,977            
          by petitioner to his former wife during 2000 constitutes alimony            
          deductible under section 215(a).  That issue is resolved by                 
          whether the $20,977 payment satisfies the definition of "alimony            
          or separate maintenance payment" under section 71(b)(1)(D).2                
               Some of the facts were stipulated.  Those facts, with the              
          annexed exhibits, are so found and are incorporated herein by               
          reference.  At the time the petition was filed, petitioner was a            
          legal resident of Cordova, Tennessee.                                       
               Petitioner was formerly married to Cynthia Lima, from                  
          January 14, 1995, until their divorce on July 19, 2000.  There              
          were no children of the marriage.  During their marriage,                   
          petitioner and Ms. Lima were residents of the State of Florida;             
          they were married in the State of Florida; their matrimonial                
          domicile was in the State of Florida; and their divorce was                 
          rendered by a Florida State court.                                          
               At the time of their divorce, petitioner and Ms. Lima                  
          entered into a Mediated Settlement Agreement (the agreement)                
          dated June 16, 2000.  That agreement was incorporated into the              
          divorce decree entitled Final Judgment Dissolving of Marriage               
          (the divorce decree).                                                       



               2    Another adjustment in the notice of deficiency, a                 
          decrease in itemized deductions, is computational and will be               
          resolved by the Court's holding on the principal issue.                     




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