Bryan Douglas Emmel - Page 6




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          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.                               

















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