Legal Opinion

United States v. Gilmore

Supreme Court of the United States

Decided February 18, 1963No. 21PublishedCited by 599 opinions

1Opinion of the CourtJustice Harlan

In 1955 the California Supreme Court confirmed the award to the respondent taxpayer of a decree of absolute divorce, without alimony, against his wife Dixie Gilmore. 1 45 Cal. 2d 142, 287 P. 2d 769. The case before us involves the deductibility for federal income tax purposes of that part of the husband’s legal expense incurred in such proceedings as is attributable to his successful resistance of his wife’s claims to certain of his assets asserted by her to be community property under California law. 2 The claim to such deduction, which has been upheld by the Court of Claims, - Ct. Cl. -,…

2Cases cited29 opinions

  1. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  2. Higgins v. CommissionerSupreme Court of the United States · 1941
  3. Kornhauser v. United StatesSupreme Court of the United States · 1928
  4. Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
  5. United States v. DavisSupreme Court of the United States · 1962

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3Cited by599 opinions

  1. Neely v. CommissionerUnited States Tax Court · 1985
  2. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  3. Carlos and Jacqueline Marcello v. Commissioner of Internal Revenue, Joseph, Jr. And Anastasia Marcello v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1967
  4. Whipple v. CommissionerSupreme Court of the United States · 1963
  5. Commissioner v. TellierSupreme Court of the United States · 1966

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