Michele K. Garner and Roger Allen Garner, Jr. - Page 4




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          also provides for the division of real and marital property, as             
          well as child support and child custody.                                    
               Mr. Garner credibly testified that he did not have legal               
          representation through the completion of the divorce proceedings,           
          and that his ex-wife’s attorney assured him that his monthly                
          payments would be tax deductible.  Petitioners also credibly                
          testified that, at the last minute, the ex-wife’s attorney added            
          the words “lump sum” into the final draft of the Settlement                 
          Agreement; although suspicious of the change, petitioners could             
          not, without independent representation, foresee its impact.                
               Pursuant to the Settlement Agreement, Mr. Garner paid his              
          ex-wife $9,600 in 2003, and petitioners claimed a deduction in              
          that amount on their tax return.2  Respondent denied the                    
          deduction and determined a deficiency of $2,400 on the ground               
          that the payments made in 2003 did not meet the definition of               
          alimony under the Internal Revenue Code.                                    







               2  The fact that this amount was paid through an Income                
          Deduction Order (wage garnishment) has no impact on the current             
          proceedings.  We note, however, that there appears to be a                  
          discrepancy between the number of payments required under the               
          terms of the Settlement Agreement and those being enforced via              
          the wage garnishment.                                                       







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