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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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Last modified: May 25, 2011