Legal Opinion

Long v. Commissioner

United States Board of Tax Appeals

Decided February 12, 1937No. Docket No. 75899PublishedCited by 9 opinions

The worthless obligation of the taxpayer's divorced husband to pay her a fixed amount for maintenance, held, not deductible by her as a bad debt.

1Opinion of the Court

*481OPINION.

ARUndbul, :

This proceeding raises the issue of petitioner’s right to deduct as a worthless debt the $112,450 agreed by her former husband to be paid in settlement of her marital claims, which remained unpaid at the time of his death, insolvent, in 1931. The Commissioner disallowed the claim for the deduction.

We think the Commissioner was right. In a long line of cases we have held that a taxpayer on a cash basis may not take a deduction for income items, such as interest, rent, and attorney fees, which have never been included in income. Charles A. Collin, 1 B. T. A. 305; Howard J.…

2Cases cited1 opinion

  1. Gould v. GouldSupreme Court of the United States · 1917

3Cited by9 opinions

  1. Swenson v. CommissionerUnited States Tax Court · 1965
  2. Marshall v. CommissionerUnited States Tax Court · 1976
  3. Beshear v. Comm'rUnited States Tax Court · 1990
  4. Diez-Arguelles v. CommissionerUnited States Tax Court · 1984
  5. Ethel S. Van Iderstine v. CommissionerUnited States Tax Court · 1945

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