Rothschild v. Commissioner
United States Tax Court
Under a written separation agreement, petitioner-wife was given the right to occupy, free of charge, a cooperative apartment "owned" by petitioner-husband by virtue of his ownership of stock in the cooperative housing corporation. Under the separation agreement, petitioner-husband was required to pay the "rent" on the apartment, repair costs, and medical insurance premiums.
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Under a written separation agreement, petitioner-wife was given the right to occupy, free of charge, a cooperative apartment "owned" by petitioner-husband by virtue of his ownership of stock in the cooperative housing corporation. Under the separation agreement, petitioner-husband was required to pay the "rent" on the apartment, repair costs, and medical insurance premiums. Held, those payments are income to petitioner-wife under sec. 71(a)(2), I.R.C. 1954, and deductible by petitioner-husband under sec. 215. Marinello v. Commissioner, 54 T.C. 577 (1970), followed. Isaacson v. Commissioner,…
1Opinion of the Court
Jane N. Rothschild, Petitioner v. Commissioner of Internal Revenue, Respondent; Marcus A. Rothschild and Barbara D. Rothschild, Petitioners v. Commissioner of Internal Revenue, Respondent
Rothschild v. Commissioner
Docket Nos. 3004-80, 3161-80
United States Tax Court
78 T.C. 149; 1982 U.S. Tax Ct. LEXIS 144; 78 T.C. No. 10;
January 28, 1982, Filed
Decisions will be entered under Rule 155.
Under a written separation agreement, petitioner-wife was given the right to occupy, free of charge, a cooperative apartment "owned" by petitioner-husband by virtue of his ownership of stock in the cooperative…
2Cases cited7 opinions
- Bradley v. CommissionerUnited States Tax Court · 1958
- Pappenheimer v. AllenCourt of Appeals for the Fifth Circuit · 1947
- Taylor v. CommissionerUnited States Tax Court · 1965
- Washington v. CommissionerUnited States Tax Court · 1981
- Marinello v. CommissionerUnited States Tax Court · 1970
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