- 12 - We agree with respondent. Initially, respondent correctly concedes that, at least for 1994, many of the payments were made on behalf of Betty. Petitioner’s payment of $4,500 of Betty’s accrued attorney’s fees were clearly made to Betty and on her behalf. See Hopkinson v. Commissioner, T.C. Memo. 1999-154. Most of the $2,414 in reimbursed miscellaneous expenses were paid to Betty and on her behalf. The language of section 71(c), however, directs that some part of the miscellaneous payments are nondeductible child support. The language of section 71(c) is clear that for payments to be child support, the written divorce instrument by its terms must fix a sum which is payable as child support. We therefore hold that the $140 paid for Rob’s broken trombone, the $100 for Nicholas’ graduation expenses, and the $60 for Melissa’s dental work meet the requirements of section 71(c). By separately identifying those amounts, the State court’s order for temporary support fixed those sums as child support under section 71(c), and not alimony. Accordingly, under section 215(a), petitioner may not deduct those amounts. Different considerations come into play regarding whether petitioner’s payment of the mortgages and taxes in 1994 were on Betty’s behalf. When a divorce court orders one spouse to make payments on a mortgage for which both spouses are jointly liable, a portion of such payments discharges the legal obligation of the other spouse. In such circumstances the payee spouse hasPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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