Rocke Richard LaBozetta - Page 10

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          marital home.  As no cash payment in accordance with section                
          71(b) was made, we find this waiver to be no more than a transfer           
          incident to a divorce agreement and not alimony for which                   
          petitioner is entitled to a deduction.  Accordingly, as the                 
          agreement expressly waived alimony for both petitioner and Ms.              
          LaBozetta, and as there has been no payment in cash as provided             
          under section 1.71-1T(b), Q&A-5, Temporary Income Tax Regs.,                
          supra, we sustain respondent’s determined deficiency.                       
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               

























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