Obie Harris and Quincy Ramsay - Page 3




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          to be entered is not reviewable by any other court, and this                
          opinion shall not be treated as precedent for any other case.               
               Respondent determined a deficiency of $1,664 in petitioners’           
          2002 Federal income tax.  The only issue we must decide is                  
          whether petitioners are entitled to a $6,4002 alimony deduction             
          they claimed on their tax return for the taxable year 2002.3                
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated by this reference.  When the petition was filed,               
          petitioners resided in Dayton, Ohio.                                        
               On April 1, 2002, petitioner Obie Harris (Mr. Harris) left             
          the marital home he jointly owned and shared with his then                  
          spouse, Carrie Harris (Ms. Harris).  By temporary order (first              
          temporary order) dated May 6, 2002, the Common Pleas Court of               



               2 The record is not clear as to the specific items making up           
          the $6,400 deducted on the return, but it is apparent that                  
          petitioners included some child support payments in this amount.            
          At trial, respondent conceded that petitioners were entitled to             
          deduct $1,317 of the $6,400 alimony deduction claimed on their              
          return.                                                                     
               3 Respondent’s determination to disallow the alimony                   
          deduction resulted in an increase in petitioners’ adjusted gross            
          income and a decrease in their tentative minimum tax.  Certain              
          miscellaneous itemized deductions, deductible only to the extent            
          that they exceed a percentage of petitioners’ adjusted gross                
          income, were reduced.  The decrease in the tentative minimum tax            
          also reduced petitioners’ alternative minimum tax liability.  Our           
          determination will affect these adjustments.                                






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