- 6 - 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-Page: Previous 1 2 3 4 5 6 7 8 9 Next
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