William J. Wells - Page 10

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          unambiguous written separation agreement specifically and                   
          unequivocally fixes periodic payments as child support.  Estate             
          of Craft v. Commissioner, 68 T.C. 249, 263-264 (1977), affd. 608            
          F.2d 240 (5th Cir. 1979); Grummer v. Commissioner, 46 T.C. 674,             
          680 (1966).  Conversely, the introduction of extrinsic evidence             
          is permitted in cases where documents contain inconsistencies               
          and/or ambiguities.                                                         
               The documents before us are riddled with inconsistency and             
          ambiguity.  For example, paragraph 14C. lists several                       
          contingencies relating to “the child”.  This singular reference             
          is perplexing as petitioner and Ms. Wells have two children from            
          their marriage, and the document does not reveal whether these              
          contingencies related to one or both of the children.                       
               The fact that petitioner and Ms. Wells modified the MTA adds           
          complexity to our analysis.  The Modified MTA states that the MTA           
          is modified “to the extent and only to the extent as herein                 
          detailed.”  In modifying the first sentence of paragraph 14C.,              
          the Modified MTA changes the monthly amount of family support and           
          specifically eliminates the portion of the sentence relating to             
          the sale of the house.  The Modified MTA, however, is silent as             
          to the contingencies relating to “the child”, and there appears             
          to be uncertainty as to whether the contingencies were intended             
          to have survived the modification.                                          







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