Darby v. Commissioner
United States Tax Court
When petitioner (H) was divorced from his former wife (W), in 1976, H was a fully vested participant in his employer's tax-qualified profit-sharing plan. The divorce decree ordered H to pay $ 75,000 to W, about half of the value of H's interest in the plan at that time.
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When petitioner (H) was divorced from his former wife (W), in 1976, H was a fully vested participant in his employer's tax-qualified profit-sharing plan. The divorce decree ordered H to pay $ 75,000 to W, about half of the value of H's interest in the plan at that time. The decree ordered H to pay the $ 75,000 at the rate of $ 60 per week until (1) it was all paid, or (2) H died or retired (in which event the balance was due as a lump sum). The decree also ordered H to assign to W that portion of H's interest in the plan needed to satisfy H's obligation to W; H made the assignment. H retired…
1Opinion of the Court
LEWIS D. DARBY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Darby v. Commissioner
Docket No. 44488-86
United States Tax Court
97 T.C. 51; 1991 U.S. Tax Ct. LEXIS 63; 97 T.C. No. 4; 14 Employee Benefits Cas. (BNA) 1153;
July 24, 1991
Decision will be entered for the respondent.
When petitioner (H) was divorced from his former wife (W), in 1976, H was a fully vested participant in his employer's tax-qualified profit-sharing plan. The divorce decree ordered H to pay $ 75,000 to W, about half of the value of H's interest in the plan at that time. The decree ordered H to pay the $ 75,000…
2Cases cited24 opinions
- United States v. Skelly Oil Co.Supreme Court of the United States · 1969
- Charles Ilfeld Co. v. HernandezSupreme Court of the United States · 1934
- Andrus v. Shell Oil Co.Supreme Court of the United States · 1980
- J. C. Penney Company, Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
- J. C. Penney Co. v. CommissionerUnited States Tax Court · 1962
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