William M. Joslin, Sr. v. Commissioner of Internal Revenue

HASTINGS, Senior Circuit Judge.

Taxpayer William M. Joslin, Sr., appeals from a decision of the Tax Court of the United States sustaining a determination by the Commissioner of Internal Revenue of a deficiency in his federal income tax for the calendar year 1963 in the amount of $1,666.11. We affirm.

The issue presented is whether certain installment payments made by taxpayer to his former wife qualify as “periodic payments” under Section 71 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 71, and thus qualify for deduction by taxpayer under Section 215 of the Code, 26 U.S.C.A. § 215. The…