Randall L. Sindelir - Page 3




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               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.                                          





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