- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007