- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011