William J. Wells - Page 7

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                    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.                
          If any portion of the payments made by petitioner fails to meet             
          any one of the four enumerated criteria, that portion is not                
          alimony and thus is not deductible by petitioner.                           
               Moreover, payments made for child support are not                      
          deductible under section 215.  Sec. 71(c).  Child support is that           
          part of the payment which the terms of the divorce instrument               
          fixed as payable for the support of the children of the payor               
          spouse.  Sec. 71(c)(1).  An amount is treated as fixed under                
          section 71(c)(1) if it will be reduced on the happening of a                
          contingency specified in the divorce instrument relating to a               
          child (such as attaining a specified age, marrying, dying,                  
          leaving school, or a similar contingency) or at a time which can            
          clearly be associated with a contingency related to the child.              
          Sec. 71(c)(2).                                                              
               Respondent argues that the family support payments made by             
          petitioner fail to qualify as deductible alimony.  In making that           





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