Stephen A. Raymond - Page 8

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          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 (in              






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