Arthur G. B. Metcalf v. Commissioner of Internal Revenue

ALDRICH, Circuit Judge.

This is a petition for review of a decision of the Tax Court refusing to redetermine a deficiency in taxpayer’s income tax liability for the year 1951. The sole question is whether, and to what extent, a taxpayer is entitled to deduct, as alimony, certain payments made by him to his divorced wife during the taxable year. Sections 22(k) and 23(u), Internal Revenue Code of 1939, 26 U.S.C. §§ 22(k), 23(u). 1

Section 23 (u) allows as a deduction, “in the case of a husband described in section 22 (k), amounts includible under section 22 (k) in the gross income of his wife,…