William Franklin Salzman II - Page 3




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               Respondent determined a deficiency of $1,500 in petitioner’s           
          Federal income tax for 2004.  At issue is whether support                   
          payments petitioner made to his former wife in 2004 constitute              
          alimony as defined by section 71(b) and are thus deductible by              
          him under section 215(a).                                                   
                                     Background                                       
               All of the facts have been stipulated and are so found.  The           
          stipulation of facts and the attached exhibits are incorporated             
          herein by this reference.  When the petition was filed,                     
          petitioner resided in San Antonio, Texas.                                   
               Petitioner was previously married to Beverly Salzman (his              
          former wife).  Their marriage was dissolved through proceedings             
          in the District Court of Bexar County, Texas.  An Agreed Final              
          Decree of Divorce (divorce decree) was approved and entered by              
          that court on October 4, 2002.  It included a contractual                   
          agreement between petitioner and his former wife, both having               
          been represented by counsel, as to spousal support and property             
          division.  Under the heading “Spousal Support”, the divorce                 
          decree provides in pertinent part:                                          
               It is ordered that William Franklin Salzman, II, is                    
               obligated to pay and shall pay to Beverly June Salzman                 
               spousal maintenance of $500.00 per month for a period                  
               of no longer than four (4) years, with the first                       
               payment of $250.00 being due and payable on June 1,                    
               2002, and a second payment of $250.00 being due and                    
               payable on June 15, 2002, and thereafter a like payment                
               of $500.00 being due and payable on the first day of                   
               each month for a period of no longer than four years.                  







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