Legal Opinion

Crouser v. Commissioner

United States Tax Court

Decided March 18, 1980No. Docket No. 418-78Published

Petitioner C made payments during 1975 to his former wife, B, under the terms of a divorce decree. The decree awarded certain property to B and ordered C to pay $ 125 per week to insure that the debts on that property were paid. These payments were to continue "until the accounts are paid in full, or until further order."

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Petitioner C made payments during 1975 to his former wife, B, under the terms of a divorce decree. The decree awarded certain property to B and ordered C to pay $ 125 per week to insure that the debts on that property were paid. These payments were to continue "until the accounts are paid in full, or until further order." Held: The payments are in satisfaction of a principal sum under sec. 71(c)(1), I.R.C. 1954, and not periodic payments under sec. 71(a). No deduction is allowable for the payments under sec. 215. Kent v. Commissioner, 61 T.C. 133 (1973). Held, further, the payments are not…

1Opinion of the Court

Clyde J. Crouser and Dorothy J. Crouser, Petitioners v. Commissioner of Internal Revenue, Respondent

Crouser v. Commissioner

Docket No. 418-78

United States Tax Court

73 T.C. 1113; 1980 U.S. Tax Ct. LEXIS 166;

March 18, 1980, Filed

Decision will be entered for the respondent.

Petitioner C made payments during 1975 to his former wife, B, under the terms of a divorce decree. The decree awarded certain property to B and ordered C to pay $ 125 per week to insure that the debts on that property were paid. These payments were to continue "until the accounts are paid in full, or until further order." Held:…

2Cases cited13 opinions

  1. Wolfe v. WolfeOhio Supreme Court · 1976
  2. Jackson v. CommissionerUnited States Tax Court · 1970
  3. Baltimore & Ohio Rd. Co. v. BaillieOhio Supreme Court · 1925
  4. Michael N. Lambros v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1972
  5. Kent v. CommissionerUnited States Tax Court · 1973

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