Legal Opinion

Loverin v. Commissioner

United States Tax Court

Decided March 9, 1948No. Docket No. 12492PublishedCited by 29 opinions

Petitioner was divorced from his wife in 1940 under a decree obligating him to pay her $ 60 a week for her maintenance and support. On January 2, 1942, petitioner and his ex-wife entered into a written agreement, conditioned on her remarriage to another, calling for the payment by petitioner to her of $ 8,500 and $ 1,500 for her attorneys' fees.

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Petitioner was divorced from his wife in 1940 under a decree obligating him to pay her $ 60 a week for her maintenance and support. On January 2, 1942, petitioner and his ex-wife entered into a written agreement, conditioned on her remarriage to another, calling for the payment by petitioner to her of $ 8,500 and $ 1,500 for her attorneys' fees. In consideration therefor she consented to a modification of the divorce decree so as to eliminate the payments for support and maintenance, released petitioner from all future claims in that regard, and agreed to dismiss a court action she had…

1Opinion of the Court

OPINION.

Arundell, Judge:

This case involves an income tax deficiency for 1943 in the amount of $1,487.50. The issue concerns income for 1942 in the computation of the deficiency pursuant to the Current Tax Payment Act of 1943, and it is whether petitioner is entitled to a deduction for all or any part of $11,000 which he paid in 1942 under the circumstances hereinafter related.

The facts have all been stipulated and may be briefly summarised. Petitioner is a resident of New York City. His tax returns for 1942 and 1943 were duly filed with the collector of internal revenue for the third district…

2Cited by29 opinions

  1. Norton v. CommissionerUnited States Tax Court · 1951
  2. Lounsbury v. CommissionerUnited States Tax Court · 1961
  3. Davis v. CommissionerUnited States Tax Court · 1964
  4. McKinney v. CommissionerUnited States Tax Court · 1951
  5. Young v. CommissionerUnited States Tax Court · 1972

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