Legal Opinion

Digan v. Commissioner

United States Board of Tax Appeals

Decided January 12, 1937No. Docket No. 77529Published

Out of the sale price of real property in New York, a husband caused an amount to be paid directly by the purchaser to the wife, who had theretofore refused to release her dower. The husband claimed that the amount so paid to the wife was no part of his gross income. Held, the entire sale price inured to the husband and was property used to measure his taxable gain.

1Opinion of the Court

FRANK J. DIGAN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Digan v. Commissioner

Docket No. 77529.

United States Board of Tax Appeals

35 B.T.A. 256; 1937 BTA LEXIS 904;

January 12, 1937, Promulgated

Out of the sale price of real property in New York, a husband caused an amount to be paid directly by the purchaser to the wife, who had theretofore refused to release her dower. The husband claimed that the amount so paid to the wife was no part of his gross income. Held, the entire sale price inured to the husband and was property used to measure his taxable gain.

Benedict Ginsberg,…

2Cases cited2 opinions

  1. Ferguson v. DicksonCourt of Appeals for the Third Circuit · 1924
  2. Digan v. CommissionerUnited States Board of Tax Appeals · 1937

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