Denis M. Katchmeric - Page 12




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          pendente lite order, and finally in the final decree of divorce             
          on June 25, 2004, at $900 per month.                                        
               Accordingly, on the basis of the facts and circumstances in            
          this record, we hold that petitioner is not entitled to an                  
          alimony deduction for the payments he made to Ms. Deluca in 2002            
          because there was no written separation agreement.  In reaching             
          our holding, we have considered the arguments made by the                   
          parties, and, to the extent not mentioned, we conclude that they            
          are irrelevant, moot, or without merit.                                     
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               



























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