Budd v. Commissioner
United States Tax Court
Held, under facts, separation agreement executed by petitioner and his wife, providing for alimony and support of minor child in contemplation of divorce and confirmed by state court in subsequent divorce action, fixed periodic payments in terms of an amount of $ 200 per month as a sum payable for support of petitioner's minor child, and when said agreement is construed, as it must be, as a whole, of the amounts paid by petitioner to his former wife pursuant to said…
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Held, under facts, separation agreement executed by petitioner and his wife, providing for alimony and support of minor child in contemplation of divorce and confirmed by state court in subsequent divorce action, fixed periodic payments in terms of an amount of $ 200 per month as a sum payable for support of petitioner's minor child, and when said agreement is construed, as it must be, as a whole, of the amounts paid by petitioner to his former wife pursuant to said agreement, the sum of $ 2,400 per year is not deductible by petitioner under section 23 (u) of the Internal Revenue Code.
1Opinion of the Court
OPINION.
Kern, Judge-.
The narrow issue presented by this proceeding is whether the $2,400 disallowed as a deduction by respondent is a “periodic payment which the terms of the decree or written instrument fix, in terms of an amount of money or a portion of the payment, as a sum which is payable for the support of minor children” of petitioner within the meaning of section 22 (k) of the Internal Revenue Code, which, together with Regulations 111, section 29.22 (k)-l (d), are set out in the margin.3
If paragraph (3) of the separation agreement, which we have set out in our findings, stood by…
2Cited by9 opinions
- Mandel v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1950
- Seltzer v. CommissionerUnited States Tax Court · 1954
- Metcalf v. CommissionerUnited States Tax Court · 1958
- Leslie v. CommissionerUnited States Tax Court · 1948
- Budd v. CommissionerUnited States Tax Court · 1946
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