Legal Opinion

Darby v. Commissioner

United States Tax Court

Decided July 24, 1991No. Docket No. 44488-86PublishedCited by 42 opinions

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.

Read the full summary

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

CHABOT, Judge:

Respondent determined a deficiency in Federal individual income tax against petitioner for 1983 in the amount of $19,056.58.

After a concession by petitioner,1 the issues for decision are as follows:(1) Whether petitioner properly excluded from income the portion of a lump-sum distribution he received from his employer’s profit-sharing plan, which he paid to his former wife pursuant to a court order, on the basis that she (and not he) was the distributee for purposes of section 402(a)(1)2 for that portion of the distribution.(2) Alternatively, whether all or any portion of the…

2Cases cited23 opinions

  1. United States v. Skelly Oil Co.Supreme Court of the United States · 1969
  2. Charles Ilfeld Co. v. HernandezSupreme Court of the United States · 1934
  3. Andrus v. Shell Oil Co.Supreme Court of the United States · 1980
  4. J. C. Penney Company, Transferee v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
  5. J. C. Penney Co. v. CommissionerUnited States Tax Court · 1962

18 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
  2. Arthur C. Hawkins v. Commissioner of Internal Revenue, Glenda R. Hawkins v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1996
  3. BUNNEY v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2000
  4. Powell v. CommissionerUnited States Tax Court · 1993
  5. Hawkins v. CommissionerUnited States Tax Court · 1994

37 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API