Bryan Douglas Emmel - Page 3




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          this opinion shall not be treated as precedent for any other                
          case.                                                                       
               Respondent determined a deficiency in petitioner’s 2004                
          Federal income tax of $1,515.  The issue for decision is whether            
          petitioner is entitled to a $10,080 alimony deduction under                 
          section 215(a) for 2004.                                                    
                                     Background                                       
               The parties’ stipulation of facts and the attached exhibits            
          are incorporated herein by this reference.  Petitioner resided in           
          Fergus Falls, Minnesota, when he filed his petition.                        
               Petitioner and Deborah Emmel were married on October 9,                
          1982, and had a daughter, SE, born in 1986.  In January 2002,               
          petitioner and Deborah Emmel separated and began living apart.              
          Deborah Emmel retained custody of SE. During 2004, petitioner               
          deposited monthly amounts totaling $16,800 into a joint bank                
          account he held with his wife, from whom he was still separated.            


               On May 18, 2004, petitioner’s attorney signed a petition for           
          dissolution of marriage on petitioner’s behalf.  Neither                    
          petitioner nor his attorney filed the May 18, 2004, petition with           
          the State of Minnesota district court (district court).  Further,           
          the May 18, 2004, petition was not signed by petitioner or                  
          Deborah Emmel and did not provide for spousal or child support.             








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