- 5 - not provide for support or maintenance payments. The petition is not sufficient to establish a divorce or separate maintenance instrument. For the foregoing reasons, the Court finds that the total of $10,080 transferred to Deborah Emmel during 2004 was not paid under a divorce or separation instrument as required under section 71(b)(1)(A). Therefore, petitioner is not entitled to a $10,080 alimony deduction under section 215 for 2004. Having concluded that petitioner is unable to meet the first of the four requirements of section 71(b)(1), the Court finds it unnecessary to consider the remaining three. In reaching this holding, the Court has considered all arguments made and, to the extent not mentioned, concludes that they are moot, irrelevant, or without merit. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6Last modified: March 27, 2008