Jones v. Commissioner
United States Tax Court
Petitioner, a resident of Nevada, was separated from his wife and, as a preliminary to his suit for divorce, his attorneys negotiated a complete settlement of her claims for support and maintenance with attorneys representing his wife. Under this agreement he was to convey to her two pieces of real estate and make a substantial cash payment.
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Petitioner, a resident of Nevada, was separated from his wife and, as a preliminary to his suit for divorce, his attorneys negotiated a complete settlement of her claims for support and maintenance with attorneys representing his wife. Under this agreement he was to convey to her two pieces of real estate and make a substantial cash payment. Thereupon petitioner filed in Nevada a divorce complaint alleging mental cruelty on the part of the defendant and advising the court that provision for support and maintenance of the defendant had been settled by the parties and no award in that respect…
1Opinion of the Court
OPINION.
Leech, Judge:
Respondent determined a deficiency in gift tax of $89,829.30 for the calendar year 1938. The issue is whether a payment of $222,643, made in property and money by petitioner in that year to his former wife in performance of his obligation to her under a contract settling property rights, entered into as an incident of their divorce proceedings, constituted a taxable gift.
We find the facts as stipulated by the parties.
The petitioner is a resident of Cook County, Illinois, and filed a .gift tax return for the period here involved with the collector for the first district of…
2Cases cited10 opinions
- Helvering v. FitchSupreme Court of the United States · 1940
- Helvering v. LeonardSupreme Court of the United States · 1940
- Helvering v. FullerSupreme Court of the United States · 1940
- Hensley v. HensleyCalifornia Supreme Court · 1918
- Harden v. HardenSupreme Court of Oklahoma · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Converse v. CommissionerUnited States Tax Court · 1945
- Commissioner of Internal Revenue v. ConverseCourt of Appeals for the Second Circuit · 1947
- Hooker v. CommissionerUnited States Tax Court · 1948
- McLean v. CommissionerUnited States Tax Court · 1948
- Estate of Barnard v. CommissionerUnited States Tax Court · 1947
53 more not listed; retrieve them via the Exa API.