Dewey and Carlena K. Hammond - Page 6

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                         this section and not allowable as a deduction                
                         under section 215,                                           
                              (C) in the case of an individual legally                
                         separated from his spouse under a decree of                  
                         divorce or of separate maintenance, the payee                
                         spouse and the payor spouse are not members                  
                         of the same household at the time such                       
                         payment is made, and                                         
                              (D) there is no liability to make any                   
                         such payment for any period after the death                  
                         of the payee spouse and there is no liability                
                         to make any payment (in cash or property) as                 
                         a substitute for such payments after the                     
                         death of the payee spouse.                                   
               Section 71(c), relating to payments to support children,               
          provides in relevant part:                                                  
                    (c) Payments to Support Children.--                               
                         (1)  In general.--Subsection (a) shall not                   
                    apply to that part of any payment which the terms                 
                    of the divorce or separation instrument fix (in                   
                    terms of an amount of money or a part of the                      
                    payment) as a sum which is payable for the support                
                    of children of the payor spouse.                                  
                         (2)  Treatment of certain reductions related                 
                    to contingencies involving child.--For purposes of                
                    paragraph (1), if any amount specified in the                     
                    instrument will be reduced--                                      
                              (A)  on the happening of a contingency                  
                         specified in the instrument relating to a                    
                         child (such as attaining a specified age,                    
                         marrying, dying, leaving school, or a similar                
                         contingency), or                                             
                              (B)  at a time which can clearly be                     
                         associated with a contingency of a kind                      
                         specified in subparagraph (A),                               








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