- 2 - Respondent determined a deficiency in petitioner’s Federal income tax for 2002 of $6,704. The deficiency stemmed from the disallowance of a deduction for alimony payments and the related adjustment of petitioner’s itemized deductions. The sole issue for decision is whether petitioner properly deducted $18,000 paid to his ex-wife in 2002 as alimony. For the reasons discussed below, we sustain respondent’s determination. Background Some of the facts have been stipulated, and they are so found. We incorporate by reference the parties’ stipulation of facts and accompanying exhibits. At the time the petition was filed, Randall L. Sindelir (petitioner) resided in Montana. Petitioner and his former spouse, Diana Sindelir (ex-wife), were married in February 1978. After separating sometime in late 2001, they filed a joint petition for the dissolution of their marriage in January 2002.2 When the couple separated, they had an oral agreement that petitioner would pay his ex-wife $1,500 per month in temporary maintenance. Petitioner did so. In August 2002, the couple engaged in court-ordered mediation as part of the divorce proceedings. At the mediation, a written separation agreement was drafted, stating that 2 As the couple was living in Colorado at the time, the separation and divorce proceedings were supervised by the District Court for Larimer County.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007