Legal Opinion

Stewart v. Commissioner

United States Tax Court

Decided August 15, 1947No. Docket No. 9642PublishedCited by 39 opinions

Amount of taxable income received by petitioner under assignment of trust income, pursuant to terms of separation agreement, held to include certain premiums paid for petitioner's account pursuant to separation agreement on life insurance policies irrevocably assigned to her, but held further not to include petitioner's aliquot part of trust's tax-exempt income.

1Opinion of the Court

OPINION.

Opper, Judge:

By the original deficiency notice a deficiency, placed in issue by this proceeding, of $608.47 in income tax for 1943, was determined against petitioner. Respondent now seeks by amended answer to increase the deficiency by $319.23. The year 1942 is also involved by reason of the provisions of the Current Tax Payment Act of 1943. The questions are the taxability to petitioner of certain premiums on life insurance paid under a. separation agreement and the amount of taxable income paid under the same agreement pursuant to an assignment of trust income.

The facts have been…

2Cases cited1 opinion

  1. Deupree v. CommissionerUnited States Tax Court · 1942

3Cited by39 opinions

  1. Wright v. CommissionerUnited States Tax Court · 1974
  2. Carmichael v. CommissionerUnited States Tax Court · 1950
  3. Lehman v. CommissionerUnited States Tax Court · 1951
  4. Seligmann v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1953
  5. Weil v. CommissionerUnited States Tax Court · 1954

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