Dwight S. & Antonina K. Platt - Page 4




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                    IT IS FURTHER ORDERED, that with respect to the                   
               Defendant’s pension, the Defendant shall pay to the                    
               Plaintiff, if, as, and when he receives each pension                   
               payment, that sum which is determined in accordance                    
               with the following formula:                                            
                    50 percent X (12 years and seven months of                        
               marriage ÷ by total years of employment).[4]                           
                    IT IS FURTHER ORDERED, that if the Defendant                      
               voluntarily takes his pension as a lump sum, either                    
               before or after retirement, then Defendant shall, upon                 
               receipt of * * * said lump sum, pay to the Plaintiff                   
               the sum of Twenty-two Thousand Five Hundred Dollars                    
               ($22,500), with simple interest at the rate of ten                     
               (10) percent from July 1, 1983, to the date of payment.                
               [Reproduced literally.]                                                
               During 2002, Mr. Bangs received monthly payments from the              
          Baltimore County pension plan.  Pursuant to the divorce decree              
          provision in question, shortly after receiving each such monthly            
          payment, Mr. Bangs made the following monthly payments totaling             
          $8,803.875 (monthly payments at issue) on the dates indicated by            
          electronic transfers from a joint checking account that he and              
          Ms. Bangs maintained to a checking account of Ms. Platt:                    





               4We shall refer to the fourth-ordered paragraph quoted above           
          as the divorce decree provision in question.                                
               5The parties stipulated that during 2002 Mr. Bangs paid to             
          Ms. Platt $8,883 pursuant to the divorce decree provision in                
          question.  That stipulation is clearly contrary to the facts that           
          we have found are established by the record, and we shall disre-            
          gard it.  See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181,           
          195 (1989).  The record establishes, and we have found, that                
          during 2002 Mr. Bangs paid to Ms. Platt $8,803.87 pursuant to the           
          divorce decree provision in question.                                       





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