Deborah Lynn Israel - Page 8

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          a property settlement because of the contingencies contained in             
          Article IV of the separation agreement is without merit.  There             
          is no evidence in the record that the payments are anything other           
          than rental payments.  Furthermore, we note that the subsequent             
          modification does not affect our decision.                                  
               However, pursuant to Article III, paragraph d of the                   
          separation agreement Dr. Israel's obligation to pay petitioner's            
          rent is reduced to one-third of the rental obligation in the                
          event their son resided with Dr. Israel for more than half the              
          year.  Therefore, two-thirds of the rental payments are treated             
          as child support as they are dependent on the contingency of                
          their son residing with petitioner for at least half the year.              
          Sec. 71(c).                                                                 
               Accordingly, we find that of the $13,808 in rental payments            
          made by Dr. Israel under the terms of the separation agreement,             
          as incorporated into the Judgment of Divorce, only one-third, or            
          $4,603, is includable in petitioner's income as alimony under               
          section 71.                                                                 
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                             under Rule 155.                          











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