Legal Opinion

Budd v. Commissioner

United States Tax Court

Decided July 30, 1946No. Docket No. 8829Published

Held, under facts, separation agreement executed by petitioner and his wife, providing for alimony and support of minor child in contemplation of divorce and confirmed by state court in subsequent divorce action, fixed periodic payments in terms of an amount of $ 200 per month as a sum payable for support of petitioner's minor child, and when said agreement is construed, as it must be, as a whole, of the amounts paid by petitioner to his former wife pursuant to said…

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Held, under facts, separation agreement executed by petitioner and his wife, providing for alimony and support of minor child in contemplation of divorce and confirmed by state court in subsequent divorce action, fixed periodic payments in terms of an amount of $ 200 per month as a sum payable for support of petitioner's minor child, and when said agreement is construed, as it must be, as a whole, of the amounts paid by petitioner to his former wife pursuant to said agreement, the sum of $ 2,400 per year is not deductible by petitioner under section 23 (u) of the Internal Revenue Code.

1Opinion of the Court

Robert W. Budd, Petitioner, v. Commissioner of Internal Revenue, Respondent

Budd v. Commissioner

Docket No. 8829

United States Tax Court

7 T.C. 413; 1946 U.S. Tax Ct. LEXIS 117;

July 30, 1946, Promulgated

Decision will be entered under Rule 50.

Held, under facts, separation agreement executed by petitioner and his wife, providing for alimony and support of minor child in contemplation of divorce and confirmed by state court in subsequent divorce action, fixed periodic payments in terms of an amount of $ 200 per month as a sum payable for support of petitioner's minor child, and when said agreement…

2Cases cited1 opinion

  1. Budd v. CommissionerUnited States Tax Court · 1946

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