Legal Opinion

Norton v. Commissioner

United States Tax Court

Decided May 31, 1951No. Docket No. 26573PublishedCited by 54 opinions

Pending a divorce proceeding brought by the petitioner, but in which his wife cross-petitioned for divorce, they agreed in writing that the petitioner should pay his wife $ 200 a month as alimony until her death or remarriage, and that "in addition to said monthly or periodic alimony" he should pay her forthwith $ 5,000 "additional alimony." The $ 5,000 was paid the next day after divorce decree.

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Pending a divorce proceeding brought by the petitioner, but in which his wife cross-petitioned for divorce, they agreed in writing that the petitioner should pay his wife $ 200 a month as alimony until her death or remarriage, and that "in addition to said monthly or periodic alimony" he should pay her forthwith $ 5,000 "additional alimony." The $ 5,000 was paid the next day after divorce decree. The court decreed the $ 200 a month alimony but said nothing as to the $ 5,000. The agreement, though referred to as filed, was not made a part of the decree. Held, the $ 5,000 was not a periodic…

1Opinion of the Court

OPINION.

Disney, Judge:

The petitioner does not urge error as to the $300 temporary alimony paid prior to the divorce but contends that the $5,000 was deductible as a periodic payment under section 22 (k) of the Internal Revenue Code. Section 23 (u) provides that in the case of a husband described in section 22 (k) amounts includible under section 22 (k) in the gross income of the wife are deductions allowable to him; while section 22 (k) provides, in pertinent part, that if the wife is divorced “periodic payments (whether or not made at regular intervals) received subsequent to such a decree…

2Cases cited3 opinions

  1. Carmichael v. CommissionerUnited States Tax Court · 1950
  2. Le Mond v. CommissionerUnited States Tax Court · 1949
  3. Loverin v. CommissionerUnited States Tax Court · 1948

3Cited by54 opinions

  1. Smith's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
  2. Bartsch v. CommissionerUnited States Tax Court · 1952
  3. Haag v. CommissionerUnited States Tax Court · 1951
  4. Schwab v. CommissionerUnited States Tax Court · 1969
  5. Commissioner of Internal Revenue v. James C. Senter and Susan B. Senter, Anthony Foster McKissick v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1957

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