Geralyn M. Randich - Page 19

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               instrument” must “fix” that “portion of the payment” which             
          is to go to the support of the children.  Otherwise, the                    
          wife must pay the tax on the whole payment.  We are obliged                 
          to enforce this mandate of the Congress.                                    
          Id.  Consequently, in the case of unallocated or undifferentiated           
          support for a wife and children, none of the amount is treated as           
          child support under section 71(c)(1).                                       
               In applying the principle of Lester, this Court has                    
          repeatedly refused to allow inference, intent, or other                     
          nonspecific designations of payments as child support to override           
          the clear rule of section 71(c)(1).  See, e.g., Mass v.                     
          Commissioner, 81 T.C. 112, 123 (1983); Blakey v. Commissioner, 78           
          T.C. 963 (1982); Giordano v. Commissioner, 63 T.C. 462 (1975);              
          Grummer v. Commissioner, 46 T.C. 674 (1966).                                
               DEFRA changed the portion of the Lester decision that held             
          that no amount would be considered child support unless it was              
          specifically designated as such in the divorce or separation                
          agreement.                                                                  
               Under the current statute, if any amount specified in the              
          instrument will be reduced:  (1) Upon the happening of a                    
          contingency related to a child of the payor, or (2) at a time               
          which can clearly be associated with such a contingency, then the           
          amount of the specified reduction will be treated as child                  
          support rather than alimony.  Sec. 71(c).  The above principle              
          was recognized in Berry v. Commissioner, T.C. Memo. 2005-91,                
          where we stated:                                                            





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