Legal Opinion

Pease v. Commissioner

United States Tax Court

Decided June 29, 1956No. Docket Nos. 51546, 52017Published

Alimony -- Incident to Divorce -- Sec. 22 (k). -- A property settlement agreement, under which periodic payments to the wife continued after divorce, was incident to the divorce although not mentioned in the decree obtained 6 years after the agreement and separation and although the wife did not appear in the divorce action in the State to which the husband moved after the separation.

1Opinion of the Court

Bertha McKay Pease, Petitioner, v. Commissioner of Internal Revenue, Respondent

Pease v. Commissioner

Docket Nos. 51546, 52017

United States Tax Court

26 T.C. 749; 1956 U.S. Tax Ct. LEXIS 130;

June 29, 1956, Filed

Decisions will be entered for the respondent.

Alimony -- Incident to Divorce -- Sec. 22 (k). -- A property settlement agreement, under which periodic payments to the wife continued after divorce, was incident to the divorce although not mentioned in the decree obtained 6 years after the agreement and separation and although the wife did not appear in the divorce action in the State to…

2Cases cited3 opinions

  1. Walsh v. Comm'rUnited States Tax Court · 1954
  2. Fixler v. CommissionerUnited States Tax Court · 1956
  3. Pease v. CommissionerUnited States Tax Court · 1956

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