Legal Opinion

Howkins v. Commissioner

United States Tax Court

Decided March 27, 1968No. Docket No. 3563-65PublishedCited by 13 opinions

On Aug. 30, 1949, petitioner entered into an agreement obligating him to make monthly payments to his wife, a nonresident alien, for her support and maintenance. A decree of divorce was subsequently obtained in the United States. Petitioner at all times relevant was a resident alien in the United States. The payments here involved were made by petitioner upon his order, from an account maintained by him with bankers in London.

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On Aug. 30, 1949, petitioner entered into an agreement obligating him to make monthly payments to his wife, a nonresident alien, for her support and maintenance. A decree of divorce was subsequently obtained in the United States. Petitioner at all times relevant was a resident alien in the United States. The payments here involved were made by petitioner upon his order, from an account maintained by him with bankers in London. Held, such payments constituted income to petitioner's former wife from "sources within the United States" in respect of which petitioner incurred liability as a…

1Opinion of the Court

OPINION

Raum, Judge:

The Commissioner, pursuant to sections 143(b) and 1441(a) of the Internal Revenue Codes of 1939 and 1954, respectively, determined deficiencies against petitioner in respect of his failure to withhold tax at source on payments of income to a nonresident alien individual for the following years and in the following amounts:

Year Deficiency

1950 _$168

1951_ 300

1952 _ 360

1953 _ 360

1954 _ 360

1955_ 360

Year Deficiency

1956_$360

1957 _ 360

1958 _ 360

1959 _ 360

1960 _ 360

1961_ 360

The question for decision is whether alimony payments made by petitioner, a resident of the United States, to…

2Cases cited6 opinions

  1. Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
  2. Trust of Welsh v. CommissionerUnited States Tax Court · 1951
  3. De Stuers v. CommissionerUnited States Board of Tax Appeals · 1932
  4. A. C. Monk & Co. v. CommissionerUnited States Tax Court · 1948
  5. Tonopah & T. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Bank of America v. United StatesUnited States Court of Claims · 1982
  2. Elinor W. Manning v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1980
  3. Hunt v. CommissionerUnited States Tax Court · 1988
  4. Container Corp. v. Comm'rUnited States Tax Court · 2010
  5. Lamm v. CommissionerUnited States Tax Court · 1975

8 more not listed; retrieve them via the Exa API.

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