- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007