- 8 - was for her children,2 and that the $4,000 payments should be considered child support despite the lack of identification as such in the court order. However, only child support payments fixed by the terms of the instrument itself are excluded from the definition of alimony or separate maintenance payments; an inference cannot be made from intent or surrounding circumstances that payments were for child support. See id. Because the terms of the temporary order do not fix any portion of the $4,000 payments as child support, and because the payments otherwise meet the definitional requirements of section 71(b)(1), we hold that petitioner received $24,000 in alimony income under sections 61(a)(8) and 71(a). The next amount at issue in this case is the lump-sum payment of $10,000 which petitioner received pursuant to the final settlement agreement. Petitioner and respondent stipulated the following statement in the Stipulation of Facts filed in this case: Petitioner concedes that the $10,000 payment she received in August, 1995 is includible as taxable income for the 1995 taxable year. This concession is not a stipulation of fact--it is a conclusion of law. As such, it does not bind this Court. See Edward D. 2In addition, Mr. Reed had also filed a motion with the circuit court which sought to establish “Child Support and Other Temporary Relief.” However, there is no evidence that this motion was ever argued and/or decided.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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