Scott W. Denniston - Page 5




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         duration of the alimony payments was 1 year.  Petitioner                     
         therefore argues that he was entitled to claim an alimony                    
         deduction of $6,000 on his return.                                           
              Respondent disagrees, contending that petitioner has failed             
         to provide any evidence to show that alimony payments of $6,000              
         were actually paid to Ms. Katcher during 2002.                               
              At trial, petitioner testified that a total of $6,000 was               
         taken out from his paychecks during 2002 to satisfy his alimony              
         obligation under the temporary order.  Respondent requested                  
         petitioner to produce pay stubs showing that moneys were taken               
         out for alimony or a statement from Ms. Katcher acknowledging                
         receipt of alimony.  Petitioner, however, was unable to provide              
         the requested documentation, claiming that both his former                   
         employer and Ms. Katcher were uncooperative.  Therefore, other               
         than his testimony, petitioner has not offered any evidence to               
         show that alimony was paid in 2002.  Moreover, during this                   
         period, the evidence shows that petitioner did not meet his child            
         support obligation.  The Court is not required to accept                     
         petitioner’s self-serving testimony.  Geiger v. Commissioner, 440            
         F.2d 688 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159;              
         see Shea v. Commissioner, 112 T.C. 183, 189 (1999).                          
             Petitioner contends that H&R Block determined that he was               
         entitled to claim an alimony deduction of $6,000 based on the                
         documentation that he had presented to them at the time of the               







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