- 7 - 1T(c), Q&A 15-16, Temporary Income Tax Regs., 49 Fed. Reg. 34456- 34457 (Aug. 31, 1984). Based on the record, we find that James paid $5,200 to Virginia in 1990. However, we conclude that the $5,200 paid to Virginia in 1990 constituted nondeductible child support. The Judgment specifically stated that James' payments were to be $140 a week for so long as Grove, James' son, lived with Virginia. Additionally, the December 17, 1985, modification of the Judgment obtained by James to reduce his support payments to $100 a week was based on the factual findings that there was one child, Renea, for whose support James was liable, and that Renea's monthly support needs equaled $408.28 a month. Consequently, we find that the $100 a week payments were fixed "as a sum which is payable for the support of children of the payor spouse." Sec. 71(c). We note that the result would be the same under the pre- 1984 rules. See, e.g., Sullivan v. Commissioner, T.C. Memo. 1995-240. For these reasons, we sustain respondent's determination that the payments made by James in 1990 constituted nondeductible child support. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
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