- 8 - entirely different: Lump sum alimony which is not, despite what petitioners may have been assured, deductible from petitioners’ income as alimony. Thus, we hold that the $9,600 paid to Mr. Garner’s ex-wife in 2003 pursuant to the Settlement Agreement does not qualify to be deducted as alimony paid by petitioners under section 215. Sec. 71(b)(1)(D); see Mukherjee v. Commissioner, T.C. Memo. 2004-98. Petitioners have asked us to reform the Settlement Agreement to more properly reflect the Federal tax intentions of the parties, particularly given the circumstances under which the Settlement Agreement was entered into. As a court of limited jurisdiction, we are unable to do so. See, e.g., Commissioner v. McCoy, 484 U.S. 3, 7 (1987); Hays Corp. v. Commissioner, 40 T.C. 436, 442-443 (1963), affd. 331 F.2d 422 (7th Cir. 1964); see also Woods v. Commissioner, 92 T.C. 776, 784-787 (1989); Hopkinson v. Commissioner, supra. We do note, however, that the Georgia State courts may have jurisdiction over changes to the Settlement Agreement and would be the proper forum for such disputes. In sum, we found petitioners to be very straightforward and honest, as well as well prepared for trial. Unfortunately, the Internal Revenue Code is very specific in its requirements, and Mr. Garner’s payments to his ex-wife in 2003 did not meet the requirement outlined in section 71(b)(1)(D) by virtue of Georgia State law. Accordingly, we must hold that, in the instant case,Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007