Legal Opinion

Brown v. Commissioner

United States Tax Court

Decided September 10, 1946No. Docket No. 9146PublishedCited by 50 opinions

Maintenance payments made by petitioner to his wife under a separation agreement not entered into incident to a judicial separation, held, not deductible under Internal Revenue Code, section 23(u).

1Opinion of the Court

OPINION.

Opper, Judge-.

A deficiency of $1,123.19 in income tax for the calendar year 1943 is placed in issue by these proceedings. All of the facts are submitted by way of stipulation or joint exhibits. They are hereby found accordingly. Petitioner filed his income tax return for the year in question with the collector at Philadelphia.

The question involved is a narrow one, but apparently novel. Petitioner is obligated under a voluntary separation agreement with his wife to make monthly payments to her for her support. The sole issue is whether petitioner is entitled under Internal Revenue…

2Cases cited2 opinions

  1. Kalchthaler v. CommissionerUnited States Tax Court · 1946
  2. Faulkner v. CommissionerUnited States Tax Court · 1944

3Cited by50 opinions

  1. Daine v. CommissionerUnited States Tax Court · 1947
  2. Wick v. CommissionerUnited States Tax Court · 1946
  3. Dauwalter v. CommissionerUnited States Tax Court · 1947
  4. Boettiger v. CommissionerUnited States Tax Court · 1958
  5. Cox v. CommissionerUnited States Tax Court · 1948

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API