Legal Opinion

Mills v. Commissioner

United States Tax Court

Decided March 25, 1970No. Docket Nos. 2872-68, 2873-68Published

T made payments to his former wife pursuant to a divorce decree and "property settlement" agreement incorporated therein. Held, such payments were in respect of a division of property pursuant to Oklahoma law and are not deductible under sec. 215, I.R.C. 1954, as alimony described in sec. 71.

1Opinion of the Court

Ernest H. Mills, Petitioner v. Commissioner of Internal Revenue, Respondent; Ernest H. Mills and Loretta E. Mills, Petitioners v. Commissioner of Internal Revenue, Respondent

Mills v. Commissioner

Docket Nos. 2872-68, 2873-68

United States Tax Court

54 T.C. 608; 1970 U.S. Tax Ct. LEXIS 180;

March 25, 1970, Filed

Decision will be entered for the respondent.

T made payments to his former wife pursuant to a divorce decree and "property settlement" agreement incorporated therein. Held, such payments were in respect of a division of property pursuant to Oklahoma law and are not deductible under sec. 215,…

2Cases cited21 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Thompson v. CommissionerUnited States Tax Court · 1968
  3. Tobin v. TobinSupreme Court of Oklahoma · 1923
  4. Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
  5. Heuertematte v. . MorrisNew York Court of Appeals · 1885

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