Richard Thomas Williams - Page 7




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          described in subparagraph (A).  But, despite his honorable                  
          intentions, petitioner cites no authority, and we are aware of              
          none, subjecting a retired military officer receiving only a                
          military pension to the UCMJ.7                                              
               At trial, we found petitioner to be very straightforward and           
          honest; we are convinced that petitioner felt he was doing what             
          was morally required of him.  Unfortunately, the Internal Revenue           
          Code is very specific in its requirements, and petitioner’s                 
          payments to his ex-wife in 2003 did not meet the requirement                
          outlined in section 71(b)(1)(A).  Accordingly, we must hold that,           
          in the instant case, petitioner’s payments made to his ex-wife in           
          2003 did not satisfy the conditions set forth in section 71 and             
          are thus not properly deductible as alimony for the taxable year            
          in issue.                                                                   
               To reflect our disposition of the disputed issue,                      
                                                  Decision will be entered            
                                             for respondent.                          









               7  Similarly, petitioner cited no authority, and we are                
          aware of none, subjecting a retired Coast Guard officer to the              
          provisions of the Coast Guard Personnel Manual, available at                
          http://www.uscg.mil.hq.cgpc/home/PERSMAN.pdf.                               





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