- 8 - writing to a letter proposal of support by the other spouse, a valid written separation agreement has been held to exist. See Azenaro v. Commissioner, T.C. Memo. 1989-224. Petitioner contends that he is entitled to an alimony deduction of $15,600 for the payments he made to Ms. Deluca in 2002 because the December 7, 2001, letter he received from her attorney contained an offer, among other items, for separation support payments of $1,300 per month, which he accepted when he made payment by checks, marked “support”, payable to Ms. Deluca, and cashed by her in 2002. Although petitioner never answered either by letter or orally the proposal for spousal support mentioned in the letter from Ms. Deluca’s attorney, he argues that he performed pursuant to an executory contract which satisfied the “written separation agreement” requirement of section 71(b)(2)(B). To the contrary, respondent contends that the facts and circumstances in this case do not establish that petitioner’s payments to Ms. Deluca in 2002 were made pursuant to a written separation agreement entered into by them. We agree with respondent for the following reasons. First, the most that can be said about the attorney’s letter to petitioner is that it is only evidence of a prospective course of action. It contained proposals of several terms that might have been included in a future separation and property settlement agreement favorable to Ms. Deluca. It was simply the beginning of a negotiation process by them with respect to spousal supportPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008