Randall L. Sindelir - Page 4




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          petitioner was to pay his ex-wife $2,000 per month in                       
          maintenance.  This separation agreement was never signed or                 
          executed by the parties, and petitioner continued to pay his ex-            
          wife $1,500 per month.                                                      
               The divorce became final in January 2003.  In considering              
          maintenance obligations, the District Court for Larimer County              
          refused to enforce the draft separation agreement.  Petitioner              
          argued during the course of the final divorce proceeding that the           
          separation agreement was not binding.  The court agreed with                
          petitioner and found that although an agreement between                     
          petitioner and his ex-wife may have been reduced to writing, it             
          was not enforceable as it was not signed or executed by the                 
          parties.                                                                    
               Petitioner claimed an alimony deduction in the amount of               
          $18,000 for the amounts he paid to his ex-wife in 2002.3                    
          Respondent disallowed the deduction, and a deficiency resulted.             








               3  Petitioner wrote checks to his ex-wife totaling                     
          $15,440.88 in 2002, testifying at trial that the difference                 
          between the amount claimed and the checks written was for                   
          expenses paid on her behalf.  As we ultimately hold that the                
          entire $18,000 is not deductible as alimony, we need not decide             
          whether petitioner properly substantiated the additional amounts            
          paid.                                                                       





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