Legal Opinion

Capodanno v. Commissioner

United States Tax Court

Decided January 31, 1978No. Docket Nos. 3786-75, 5112-75PublishedCited by 26 opinions

Lilley obtained a decree of separate maintenance based on extreme cruelty under which the Supreme Court of New Jersey ordered Capodanno to pay her $ 400 per month from the date on which she commenced her action. The court also awarded Lilley $ 1,125 plus interest in restitution of the amount she overpaid under an agreement with Capodanno that she pay income taxes on her own earnings.

Read the full summary

Lilley obtained a decree of separate maintenance based on extreme cruelty under which the Supreme Court of New Jersey ordered Capodanno to pay her $ 400 per month from the date on which she commenced her action. The court also awarded Lilley $ 1,125 plus interest in restitution of the amount she overpaid under an agreement with Capodanno that she pay income taxes on her own earnings. Held, the $ 400 monthly payments (including those awarded retroactively) are periodic payments under sec. 71(a)(3), I.R.C. 1954. Held, further, the $ 1,125 paid by Capodanno in restitution is not includable in…

1Opinion of the Court

Forrester, Judge:

In these consolidated cases, respondent has determined deficiencies in petitioners’ Federal income taxes for the taxable year 1971 as follows:

Sec. 6653(a)1

Docket No. Petitioner Deficiency penalty

3786-75 R. T. Capodanno .$20,539.00 0

5112-75 Lilley Capodanno .6,877.90 $343.90

Concessions having been made, the following issues remain for our decision: (1) Whether an amount which petitioner R.T. Capodanno (Capodanno) paid to Lilley Capodanno (Lilley) during 1971 pursuant to a court decree is deductible, in part or whole, by Capodanno pursuant to sections 215 or 163(a) and likewise…

2Cases cited14 opinions

  1. Gale v. CommissionerUnited States Tax Court · 1949
  2. Gale v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. GaleCourt of Appeals for the Second Circuit · 1951
  3. Reily v. CommissionerUnited States Tax Court · 1969
  4. Boettiger v. CommissionerUnited States Tax Court · 1958
  5. Pierce v. CommissionerUnited States Tax Court · 1976

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

3Cited by26 opinions

  1. Davis v. CommissionerUnited States Tax Court · 1983
  2. Lilley Capodanno v. Commissioner of Internal Revenue, R. T. Capodanno v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1979
  3. Dunn v. CommissionerUnited States Tax Court · 1978
  4. Mann v. CommissionerUnited States Tax Court · 1980
  5. Ketchum v. CommissionerUnited States Tax Court · 1981

21 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