Geralyn M. Randich - Page 20

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               While the exception (to the general rule of inclusion)                 
               for amounts “fixed” as child support remained                          
               essentially unchanged, see sec. 71(c)(1), Congress did                 
               overturn the result in Commissioner v. Lester, supra,                  
               see sec. 71(c)(2) (reduction in support that is clearly                
               associated with a contingency, specified in the divorce                
               or separation instrument, that relates to a child will                 
               be treated as an amount fixed as payable for child                     
               support).  Lester continues, however, to stand for the                 
               proposition that, subject to section 71(c)(2), amounts                 
               will not be treated as child support for purposes of                   
               section 71 unless specifically designated as such in                   
               the governing divorce document.* * *                                   
               We must decide, therefore, whether the support terms of the            
          temporary order and the judgment for dissolution of marriage,               
          under which Ms. Randich received the payments at issue for the              
          2000 taxable year, fixed a sum as payable for the support of                
          petitioners’ minor children.                                                
               Neither the temporary order entered on March 25, 1998, nor             
          the judgment for dissolution of marriage entered on April 12,               
          2000, provided for a fixed amount payable for the support of                
          petitioners’ children.  Ms. Randich was awarded unallocated                 
          family support of $1,200 per paycheck, or $2,400 per month.                 
          Furthermore, the provision for unallocated family support did not           
          contain any of the contingencies set forth in section 71(c)(2).             
               Therefore, normally we would hold that all of the $28,800              
          annual payment made by Mr. Randich to Ms. Randich would be                  
          considered alimony deductible by Mr. Randich, the payor, and                
          taxable to Ms. Randich, the payee.                                          







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