Opinion by Judge D.W. NELSON; Dissent by Judge REINHARDT.
D.W. NELSON, Senior Circuit Judge:
The Commissioner of Internal Revenue ("Commissioner") appeals from a decision of the United States Tax Court allowing John Michael Dunkin ("John" or "appellant") to reduce his taxable income for the 2000 tax year by $25,511—the amount he paid his former spouse Julie Green ("Julie") incident to a division of community property assets upon marital dissolution...
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