Legal Opinion

Grinnell v. Commissioner

United States Board of Tax Appeals

Decided August 28, 1941No. Docket No. 105092PublishedCited by 12 opinions

ESTATE TAX - DEDUCTIONS - CLAIMS AGAINST ESTATE. - Alimony decreed by court is deductible, not being based upon agreement.

1Opinion of the Court

*1287OPINION.

MtjRdock :

The Commissioner contends that no deduction is proper because the claim was founded upon a promise or agreement for which there was not an adequate and full consideration in money or money’s worth. See section 303 (a) and (d) of the Revenue Act of 1926 as amended. He points to a recital in Exhibit B, a part of Exhibit 3 in this proceeding, to the effect that the parties, prior to the divorce decree, had entered into an agreement that the decree should require Francis to pay Elizabeth $1,000 monthly for life in full satisfaction of all rights as alimony or otherwise. The…

2Cases cited3 opinions

  1. French v. McAnarneyMassachusetts Supreme Judicial Court · 1935
  2. Farrington v. Boston Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1932
  3. Oakes v. OakesMassachusetts Supreme Judicial Court · 1929

3Cited by12 opinions

  1. Estate of Hagmann v. CommissionerUnited States Tax Court · 1973
  2. Estate of Van Horne v. CommissionerUnited States Tax Court · 1982
  3. Lester v. CommissionerUnited States Tax Court · 1972
  4. Fleming v. YokeDistrict Court, N.D. West Virginia · 1944
  5. Estate of Saunders v. Comm'rUnited States Tax Court · 2011

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