Legal Opinion

Phillips v. Commissioner

United States Board of Tax Appeals

Decided October 27, 1937No. Docket No. 81802Published

Decedent, prior to his death, entered into certain agreements with his wife and a trustee for the payment of stated sums for the benefit of his wife and children, beginning with the granting to him of an uncontested divorce. Under the settlement agreements the wife relinquished all marital claims against the husband and acquired custody of the children. Decedent secured an uncontested divorce and remarried.

Read the full summary

Decedent, prior to his death, entered into certain agreements with his wife and a trustee for the payment of stated sums for the benefit of his wife and children, beginning with the granting to him of an uncontested divorce. Under the settlement agreements the wife relinquished all marital claims against the husband and acquired custody of the children. Decedent secured an uncontested divorce and remarried. Upon his death, claims were asserted against his estate under the agreements in favor of the divorced wife and the children. Held, that claim of divorced wife is not an allowable deduction…

1Opinion of the Court

ESTATE OF EBEN B. PHILLIPS, ROLLIN B. FISHER AND HAROLD B. DRIVER, EXECUTORS, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Phillips v. Commissioner

Docket No. 81802.

United States Board of Tax Appeals

36 B.T.A. 752; 1937 BTA LEXIS 657;

October 27, 1937, Promulgated

Decedent, prior to his death, entered into certain agreements with his wife and a trustee for the payment of stated sums for the benefit of his wife and children, beginning with the granting to him of an uncontested divorce. Under the settlement agreements the wife relinquished all marital claims against the husband and…

2Cases cited1 opinion

  1. Phillips v. CommissionerUnited States Board of Tax Appeals · 1937

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API