Kohlsaat v. Commissioner
United States Board of Tax Appeals
Petitioner in 1933 conveyed to his divorced wife, under a separation agreement, certain real estate subject to a first mortgage on which petitioner was primarily liable. Pursuant to the separation agreement, petitioner paid to his wife, in addition to alimony of $700 a month, $225 a month which was to be used only for the payment of carrying charges on the property and the reduction of the principal of the mortgage note.
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Petitioner in 1933 conveyed to his divorced wife, under a separation agreement, certain real estate subject to a first mortgage on which petitioner was primarily liable. Pursuant to the separation agreement, petitioner paid to his wife, in addition to alimony of $700 a month, $225 a month which was to be used only for the payment of carrying charges on the property and the reduction of the principal of the mortgage note. Held: (1) The petitioner was primarily and personally liable for the mortgage debt and interest thereon and the payments of such interest out of the funds which he furnished…
1Opinion of the Court
EDWARD C. KOHLSAAT, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Kohlsaat v. Commissioner
Docket Nos. 91723, 92169.
United States Board of Tax Appeals
40 B.T.A. 528; 1939 BTA LEXIS 840;
September 7, 1939, Promulgated
Petitioner in 1933 conveyed to his divorced wife, under a separation agreement, certain real estate subject to a first mortgage on which petitioner was primarily liable. Pursuant to the separation agreement, petitioner paid to his wife, in addition to alimony of $700 a month, $225 a month which was to be used only for the payment of carrying charges on the property and…
2Cases cited18 opinions
- Gould v. GouldSupreme Court of the United States · 1917
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
- People ex rel. Pearsall v. Catholic BishopIllinois Supreme Court · 1924
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