Jack Daniel Chavez, Sr. - Page 7




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          accordingly, void for vagueness.  We cannot think of any reason             
          why the payments would have been characterized as child support             
          in the Judgment if they were not intended to be for the support             
          of the minor child.                                                         
               Finally, we consider payments made by petitioner to Ms.                
          Chavez in taxable year 2003.  Specifically, we consider the terms           
          of the order dated June 18, 2003, which required petitioner to              
          pay $705.74 every 2 weeks to Ms. Chavez, and whereby $604 of that           
          amount was designated as “maintenance” through August 20, 2003.             
          Petitioner contends that he should be entitled to a deduction for           
          all of the payments that he made pursuant to this order in 2003.            
          Respondent, in fact, conceded that petitioner is entitled to a              
          deduction in the amount of $3,926 for taxable year 2003, which              
          represents 6½ payments made by petitioner to Ms. Chavez under the           
          June 18, 2003, order.  Accordingly, we must now decide whether              
          petitioner is entitled to a deduction under section 71 for the              
          balance of payments that he made in that year pursuant to the               
          June 18, 2003, order.                                                       
               In this case, because the order specifically delineates that           
          $604 of the $705.74 payment be for “maintenance” and the                    
          remainder, $101.74, be for “unallocated child support”, it is               
          clear to us that this portion of the payments was intended for              
          child support only.  In accordance with the aforementioned                  








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