Michael K. Berry - Page 6

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               In an order dated March 26, 2001, relating to a hearing held           
          on February 9, 2001, the Superior Court (1) recited the December            
          31, 1998, arrearage set by the 1999 order ($21,478),4 and (2)               
          credited the payments to Drs. Caffaro and Murphy that petitioner            
          made on Carmen’s behalf during 1999 ($4,188) against the                    
          arrearage.                                                                  
               On August 2, 2001, petitioner filed a Form 1040, U.S.                  
          Individual Income Tax Return, for his 1999 tax year.  Petitioner            
          did not seek, nor was he granted, an extension of time to file              
          his 1999 return.  On his 1999 return, petitioner claimed an                 
          alimony deduction of $50,528.5                                              
               On May 29, 2003, respondent issued petitioner a statutory              
          notice of deficiency for his 1999 tax year.  In the notice of               
          deficiency, respondent disallowed in full the $50,528 alimony               
          deduction that petitioner claimed on his 1999 return, on the                
          grounds that “you did not establish that the amount shown was (a)           
          alimony and (b) paid”.                                                      
               Petitioner now contends he is entitled to an alimony                   
          deduction of $54,110 for his 1999 tax year, consisting of (1) the           
          $49,808 he paid Carmen in 1999 pursuant to the 1999 order, (2)              
          the $4,188 he paid Drs. Caffaro and Murphy on Carmen’s behalf               


               4 The 2001 order does not appear to account for the $3,824             
          arrearage payment the parties stipulate petitioner made in 1999             
          “pursuant to” the 1999 order.                                               
               5 The record does not reveal the derivation of that figure.            




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