Cathleen C. Shepherd - Page 6




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          presumed to be child support if they are reduced within 6 months            
          of the date the payor’s child turns 18, 21, or the local age of             
          majority.  See sec. 1.71-1T(c), Q&A-18, Temporary Income Tax                
          Regs., 49 Fed. Reg. 34451, 34457 (Aug. 31, 1984).  This                     
          presumption can be overcome if the facts indicate that the time             
          of the reduction in payments “was determined independently of any           
          contingencies relating to the children of the payor.”  Id.; see             
          Hill v. Commissioner, T.C. Memo. 1996-179.  The time is selected            
          independently of any contingencies relating to the children if it           
          is merely a coincidence that the date payments are reduced falls            
          near a child’s birthday.  See Hill v. Commissioner, supra.                  
               Petitioner contends that the payments at issue are child               
          support even though the settlement agreement labels them alimony            
          because she accepted the settlement agreement based on the fact             
          that the payments would terminate within 6 months of her                    
          daughter’s 18th birthday and based on her understanding that this           
          fact would cause the payments to be deemed child support for                
          purposes of Federal income tax treatment.  Petitioner does not              
          dispute that the payments otherwise would constitute alimony.               
               Respondent concedes that the payments are presumed to be               
          child support under the temporary regulations because they                  
          terminate within 6 months of Julie’s 18th birthday.  Respondent,            
          however, maintains that the presumption is overcome by the facts            
          surrounding petitioner’s settlement negotiations with her ex-               







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