Legal Opinion

Cohen v. Commissioner

United States Tax Court

Decided November 3, 1977No. Docket No. 6967-76Unpublished

Petitioner and his former wife entered into a separation agreement which was later incorporated in the decree of divorce, pursuant to which petitioner was obligated to pay for the support of his former wife and the children of their marriage. As the result of a dispute, petitioner ceased making payments just prior to the divorced wife's remarriage.

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Petitioner and his former wife entered into a separation agreement which was later incorporated in the decree of divorce, pursuant to which petitioner was obligated to pay for the support of his former wife and the children of their marriage. As the result of a dispute, petitioner ceased making payments just prior to the divorced wife's remarriage. She filed suit and pursuant to an order of the New Jersey Superior Court, petitioner was ordered to pay specific amounts for the period subsequent to the wife's remarriage. Under New Jersey law any "legal obligation" of the petitioner with respect…

1Opinion of the Court

BERTRAM I. COHEN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Cohen v. Commissioner

Docket No. 6967-76.

United States Tax Court

T.C. Memo 1977-383; 1977 Tax Ct. Memo LEXIS 55; 36 T.C.M. (CCH) 1559; T.C.M. (RIA) 770383;

November 3, 1977, Filed

Petitioner and his former wife entered into a separation agreement which was later incorporated in the decree of divorce, pursuant to which petitioner was obligated to pay for the support of his former wife and the children of their marriage. As the result of a dispute, petitioner ceased making payments just prior to the divorced wife's…

2Cases cited10 opinions

  1. Lyeth v. HoeySupreme Court of the United States · 1938
  2. Helvering v. StuartSupreme Court of the United States · 1942
  3. Commissioner v. LesterSupreme Court of the United States · 1961
  4. Hoffman v. CommissionerUnited States Tax Court · 1970
  5. Brown v. CommissionerUnited States Tax Court · 1968

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