- 8 - specifically are designated as payable for the support of a child of the payor spouse. In opposition to respondent's motion, and in support of their cross-motion, petitioners argue that the contested payments are alimony rather than child support inasmuch as petitioner was also required to make separately allocated, fixed payments for child support under the terms of paragraph 1 of the Judgment during the years at issue. Petitioners maintain that section 71(c)(2) should not operate to "convert alimony payments to child support when child support payments are already fixed in accordance with section 71(c)(1)." Petitioners cite no authority in support of this proposition, and we have found none. We are satisfied that the contested payments in 1993, 1994, and 1995 constitute nondeductible child support for Federal tax purposes, notwithstanding the fact that the Judgment labeled such payments "alimony" and the fact that the payments in question appear to have met all of the definitional requirements of section 71(b). See Jacklin v. Commissioner, 79 T.C. 340, 351-352 (1982); Heller v. Commissioner, T.C. Memo. 1994-423 ("As long as the definitional requirements of section 71(b)(1) are met, the parties' allocation of amounts are generally respected. Section 71(c)(2) represents one exception to this rule.") (fn. ref. omitted; emphasis added).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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