Johnny Ayres - Page 4

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          him as hereinafter set forth, Johnny does hereby promise to                 
          deliver unto Loredana a payment of $350 per month for six months,           
          starting in September 2002, and ending in March, 2003”.  The                
          document further identified a car and clothing that were                    
          transferred to petitioner’s former wife and described other                 
          properties that went to petitioner.  The document also states:              
          “and in further consideration whereof Loredana does hereby waive            
          any rights that she may have to interim periodic support or final           
          periodic support”.  The parties agree that, pursuant to the                 
          agreement, petitioner made total payments of $9,200 to his former           
          spouse during the year at issue.2  There is no language in the              
          agreement that would have relieved petitioner of the obligation             
          of making the payments to his former spouse in the event of her             
          prior death.  There were no other court orders or agreements                
          between petitioner and his former spouse.  On his Federal income            

               2The $9,200 claimed as alimony consists of 12 payments of              
          $350 each during the year 2002 totaling $4,200.  In addition,               
          prior to 2002, when petitioner and his spouse separated,                    
          petitioner issued a check payable to his wife in the amount of              
          $5,000.  That check was held by petitioner’s sister-in-law with             
          the understanding that, if petitioner and his spouse did not                
          reconcile within 6 months, the check would be delivered to                  
          petitioner’s spouse.  Petitioner and his spouse did not                     
          reconcile, and the 6-month period elapsed during 2002.  The                 
          sister-in-law delivered the $5,000 check to petitioner’s spouse,            
          who then cashed the check during the year at issue, 2002.  Thus,            
          the $4,200 total monthly payments during 2002 and the $5,000                
          check that was cashed during 2002 account for the $9,200 claimed            
          by petitioner as alimony.  There was no documentation with                  
          respect to the $5,000 check; however, respondent’s position at              
          trial was that it did not constitute alimony.  The Court agrees             
          with that position.                                                         




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