Prince v. Commissioner
United States Tax Court
Petitioner and her former husband entered into an oral agreement obligating the husband to pay her a lump sum in lieu of alimony payable over 121 months. The oral agreement was stipulated into the record and transcribed by the court reporter and accepted by the court.
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Petitioner and her former husband entered into an oral agreement obligating the husband to pay her a lump sum in lieu of alimony payable over 121 months. The oral agreement was stipulated into the record and transcribed by the court reporter and accepted by the court. On the same day, Oct. 29, 1965, the court granted petitioner a divorce and the agreement was incorporated in the interlocutory judgment of divorce, which, however, was not entered until Nov. 30, 1965. Under the agreement the first payment was to be and was made Nov. 1, 1965. Held: The installment payments received by petitioner…
1Opinion of the Court
OPINION
Drennen, Judge:
Respondent determined a deficiency in petitioner’s income tax for the year 1971 in the amount of $1,169.67. On brief, respondent concedes one issue leaving for decision the sole question of whether certain payments received by petitioner during 1971 were periodic payments of alimony, taxable to her under section 71,1.R.C. 1954.1
All of the facts in this case have been stipulated and are summarized below. The stipulation of facts together with exhibits attached thereto are incorporated herein by this reference.
Betty C. Prince, petitioner, resided in Mission Viejo, Calif.,…
2Cases cited17 opinions
- Phillips v. PhillipsCalifornia Supreme Court · 1953
- Webster v. WebsterCalifornia Supreme Court · 1932
- Wright v. CommissionerUnited States Tax Court · 1974
- Lerner v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1952
- Capital National Bank v. SmithCalifornia Court of Appeal · 1944
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gordon v. CommissionerUnited States Tax Court · 1978
- Warnack v. CommissionerUnited States Tax Court · 1979
- Grant v. CommissionerUnited States Tax Court · 1985
- Brooks v. CommissionerUnited States Tax Court · 1983
- Curtis L. Anderson v. CommissionerUnited States Tax Court · 1999
8 more not listed; retrieve them via the Exa API.