Olster v. Commissioner
United States Tax Court
Petitioner was divorced from her husband in 1972. Under the final judgment dissolving the marriage, petitioner's ex-husband was obligated to pay petitioner $ 2,500 per month in alimony for life or until she remarried. During the mid-1970s, petitioner's ex-husband experienced severe financial difficulties and fell into substantial arrears in his alimony payments.
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Petitioner was divorced from her husband in 1972. Under the final judgment dissolving the marriage, petitioner's ex-husband was obligated to pay petitioner $ 2,500 per month in alimony for life or until she remarried. During the mid-1970s, petitioner's ex-husband experienced severe financial difficulties and fell into substantial arrears in his alimony payments. On June 10, 1976, petitioner and her ex-husband executed a modification agreement wherein petitioner released him of all past, present, and future alimony obligations. Pursuant to the agreement, petitioner received a number of…
1Opinion of the Court
Sterrett, Judge:
By notice of deficiency dated April 11, 1980, respondent determined a deficiency in petitioner’s Federal income tax for the taxable year 1976 in the amount of $26,796.62.1 After concessions, we must decide (1) whether certain property petitioner received pursuant to a stipulation for modification of agreement and lump-sum settlement agreement was in full settlement of the ex-husband’s past, as well as future, alimony obligations or was solely in settlement of future alimony obligations; (2) if the property was received at least in part for alimony arrearages, whether…
2Cases cited12 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Commissioner v. LesterSupreme Court of the United States · 1961
- Mirsky v. CommissionerUnited States Tax Court · 1971
- Holahan v. CommissionerUnited States Tax Court · 1954
- Estate of Narischkine v. CommissionerUnited States Tax Court · 1950
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dorothy Olster v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1985
- Barrett v. United StatesCourt of Appeals for the Fifth Circuit · 1996
- Bernard v. CommissionerUnited States Tax Court · 1986
- Stroud v. CommissionerUnited States Tax Court · 1993
- Benson v. CommissionerUnited States Tax Court · 1983
6 more not listed; retrieve them via the Exa API.