- 8 - school, or a similar contingency) or (2) at a time that can clearly be associated with that kind of contingency, an amount equal to the amount of such reduction is to be treated for purposes of section 71(c)(1) as an amount fixed as payable for the support of children of the payor spouse. On the record before us, we find that the 1991 temporary order payments are alimony or separate maintenance payments within the meaning of section 71(b)(1), and not child support payments within the meaning of section 71(c). We therefore reject Ms. Raymond's position and sustain Mr. Raymond's position with respect to those payments. Ms. Raymond concedes that the 1991 temporary order payments meet the definition of alimony in section 71(b)(1). Specifi- cally, Ms. Raymond concedes (1) that those payments were received by Ms. Raymond under the temporary order that incorporated the support stipulation, sec. 71(b)(1)(A) and (2)(C); (2) that the temporary order does not designate the 1991 temporary order payments as payments that are not includible in the gross income of Ms. Raymond under section 71(a) and that are not allowable as deductions under section 215(a), sec. 71(b)(1)(B); (3) that Mr. Raymond and Ms. Raymond were not members of the same household at the time the 1991 temporary order payments were made, sec. 71(b)(1)(C); and (4) that Mr. Raymond had no liability to make the 1991 temporary order payments, or to make any payments (inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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