Budd v. Commissioner of Internal Revenue

The question here is whether in re-computing the income of the petitioner for the taxable year ending December 31, 1943, the respondent rightly included in the petitioner’s income the sum of $2400 out of $6,000 deducted by the petitioner as alimony payments under a separation agreement between the petitioner and his wife, in view of the language of § 22(k) of the Internal Revenue Code, 26 U.S.C.A. § 22(k), and Regulation 111, § 29.22(k)-1(d).

Section 22 (k) provides- in substance that alimony payments constitute taxable income of the wife but that the subsection does not apply to any periodic…