Legal Opinion

Hirshon v. Commissioner

United States Tax Court

Decided December 21, 1956No. Docket Nos. 57896, 61658Published

Held, a divorced husband is not entitled to deduct the total payments made for the support of his former wife and child if the divorce decree provides for a reduction of such payments upon the wife's remarriage, and thereby earmarks the amount to be presently used to maintain the child. Sec. 23 (u), I. R. C. 1939. Held, further, the amount thus allocable to the child is not includible in the gross income of the former wife. Sec. 22 (k), I. R. C. 1939.

1Opinion of the Court

Estate of Dorothy R. Hirshon, Deceased, Walter Hirshon, Executor, and Walter Hirshon, Petitioners, v. Commissioner of Internal Revenue, Respondent. Jean McGraw Hirshon, Petitioner, v. Commissioner of Internal Revenue, Respondent

Hirshon v. Commissioner

Docket Nos. 57896, 61658

United States Tax Court

27 T.C. 558; 1956 U.S. Tax Ct. LEXIS 6;

December 21, 1956, Filed

Decision will be entered under Rule 50 in Docket No. 57896; and decision will be entered for the petitioner in Docket No. 61658.

Held, a divorced husband is not entitled to deduct the total payments made for the support of his former wife…

2Cases cited10 opinions

  1. Weil v. CommissionerUnited States Tax Court · 1954
  2. Fleming v. CommissionerUnited States Tax Court · 1950
  3. Feinberg v Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952
  4. Budd v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1947
  5. Mandel v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1950

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