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Respondent determined a $6,589 deficiency in petitioner’s
2002 Federal income tax. The sole issue before this Court is
whether petitioner may deduct $23,400 as alimony paid to his ex-
wife in taxable year 2002.
Background
Some of the facts have been stipulated and are so found. At
the time that the petition was filed, petitioner resided in
Clifton, New Jersey.
Petitioner married Karen LaBozetta (Ms. LaBozetta) on April
3, 1993. One child was born of the marriage. The couple
separated in 2001, and divorce proceedings were initiated in the
Superior Court of New Jersey, Chancery Division, Family Part,
Bergen County. The marriage was terminated by decree of divorce
dated May 9, 2002.
Included among the stipulated exhibits for this case is a
copy of the Final Dual Judgment of Divorce, along with a copy of
its underlying Property Settlement agreement (agreement).
Relevant provisions of the agreement provide: (1) That the
parties expressly bargained for a waiver of alimony from one
another; (2) that petitioner owed Ms. LaBozetta $23,400 and; (3)
that Ms. LaBozetta would pay petitioner $29,746 in a buyout
arrangement for the couple’s marital home.
As part of the agreement, the parties detailed how Ms.
LaBozetta would buy out petitioner’s share of equity in the
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