Sharp v. Commissioner
United States Tax Court
In connection with a judgment rendered in a divorce proceeding, petitioner was ordered to pay a lump sum to his former wife. He appealed the judgment, and in accordance with the Kentucky Rules of Civil Procedure, he posted a supersedeas bond to stay execution on that part of the judgment ordering the lump-sum payment, which stay was to remain effective pending the outcome of the appeal. His appeal was partially successful and the amount of the lump-sum award was reduced.
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In connection with a judgment rendered in a divorce proceeding, petitioner was ordered to pay a lump sum to his former wife. He appealed the judgment, and in accordance with the Kentucky Rules of Civil Procedure, he posted a supersedeas bond to stay execution on that part of the judgment ordering the lump-sum payment, which stay was to remain effective pending the outcome of the appeal. His appeal was partially successful and the amount of the lump-sum award was reduced. However, under Kentucky law, he was required to pay to his former wife an additional sum, denoted as damages, equal to 10…
1Opinion of the Court
Brown J. Sharp, Petitioner v. Commissioner of Internal Revenue, Respondent
Sharp v. Commissioner
Docket No. 3963-79
United States Tax Court
75 T.C. 21; 1980 U.S. Tax Ct. LEXIS 44;
October 6, 1980, Filed
Decision will be entered under Rule 155.
In connection with a judgment rendered in a divorce proceeding, petitioner was ordered to pay a lump sum to his former wife. He appealed the judgment, and in accordance with the Kentucky Rules of Civil Procedure, he posted a supersedeas bond to stay execution on that part of the judgment ordering the lump-sum payment, which stay was to remain effective pending…
2Cases cited30 opinions
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- Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
- Wilkerson v. CommissionerUnited States Tax Court · 1978
- L-R Heat Treating Co. v. CommissionerUnited States Tax Court · 1957
- Louisville & Nashville Railroad v. StewartSupreme Court of the United States · 1916
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