- 5 - 1998 when his daughter Jacqueline Joan Bonar began living with him. Regardless of the Agreement’s characterization of petitioner’s payments as alimony, the payments must meet the specific requirements of the Internal Revenue Code in order to be deductible from petitioner’s gross income for Federal income tax purposes. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Section 71(c) specifically provides that a payment will be “treated as an amount fixed as payable for the support of children of the payor spouse” if the payments are reduced “on the happening of a contingency * * * relating to a child”. Temporary regulations promulgated under section 71 make clear that payments may be treated as child support “even if other separate payments specifically are designated as payable for the support of a child of the payor spouse.” Sec. 1.71-1T(c), Q&A-16, Temporary Income Tax Regs., 49 Fed. Reg. 34451, 34456 (Aug. 31, 1984). Under the terms of the Agreement, the payments at issue are subject to automatic termination upon “the youngest child reaching age eighteen”. This contingency renders petitioner’s payments ineligible for treatment as alimony. See Hammond v. Commissioner, T.C. Memo. 1998-53; Fosberg v. Commissioner, T.C. Memo. 1992-713. We therefore hold that petitioner’s payments are not deductible from his gross income in 1995 and 1996.Page: Previous 1 2 3 4 5 6 7 Next
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