Gerlach v. Commissioner
United States Tax Court
Pursuant to a divorce decree which incorporated a property settlement based on an oral agreement summarized in court, petitioner received certain specific properties, $ 100 per week alimony, and $ 125,000 payable in annual installments over 12 1/2 years, and her husband received other properties including stock which petitioner and her husband owned jointly. The major negotiations as to property settlement between the parties had centered on the disposition of this stock.
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Pursuant to a divorce decree which incorporated a property settlement based on an oral agreement summarized in court, petitioner received certain specific properties, $ 100 per week alimony, and $ 125,000 payable in annual installments over 12 1/2 years, and her husband received other properties including stock which petitioner and her husband owned jointly. The major negotiations as to property settlement between the parties had centered on the disposition of this stock. Held, under the fact, here shown the $ 125,000 was not paid in settlement of petitioner's marital rights in property owned…
1Opinion of the Court
Scott, Judge:
Respondent determined a deficiency in petitioner’s income tax for the calendar year 1966 in the amount of $1,458.96. The only issue for decision is whether $10,000 received by petitioner from her former husband is includable in her taxable income under section 71 (a) (1) and (c) (2) of the Internal Revenue Code of 1954.1
Some of the facts have been stipulated and are found accordingly.
Petitioner resided in Stevensville, Mich., at the time of the filing of the petition in this case. She filed her Federal income tax return for the calendar year 1966 with the district director of…
2Cases cited13 opinions
- United States v. DavisSupreme Court of the United States · 1962
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- Danielson v. CommissionerUnited States Tax Court · 1965
- Schmitz v. CommissionerUnited States Tax Court · 1968
- Thompson v. CommissionerUnited States Tax Court · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wright v. CommissionerUnited States Tax Court · 1974
- Mirsky v. CommissionerUnited States Tax Court · 1971
- Weiner v. CommissionerUnited States Tax Court · 1973
- Westbrook v. CommissionerUnited States Tax Court · 1980
- Hayutin v. CommissionerUnited States Tax Court · 1972
12 more not listed; retrieve them via the Exa API.