Kohlsaat v. Commissioner
United States Board of Tax Appeals
Petitioner in 1933 conveyed to his divorced wife, under a separation agreement, certain real estate subject to a first mortgage on which petitioner was primarily liable. Pursuant to the separation agreement, petitioner paid to his wife, in addition to alimony of $700 a month, $225 a month which was to be used only for the payment of carrying charges on the property and the reduction of the principal of the mortgage note.
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Petitioner in 1933 conveyed to his divorced wife, under a separation agreement, certain real estate subject to a first mortgage on which petitioner was primarily liable. Pursuant to the separation agreement, petitioner paid to his wife, in addition to alimony of $700 a month, $225 a month which was to be used only for the payment of carrying charges on the property and the reduction of the principal of the mortgage note. Held: (1) The petitioner was primarily and personally liable for the mortgage debt and interest thereon and the payments of such interest out of the funds which he furnished…
1Opinion of the Court
OPINION.
Smith:
These proceedings, consolidated for hearing, are for the redetermination of deficiencies in petitioner’s income tax for 1934 and 1935 in the respective amounts of $197.24 and $424.11. The questions in issue are whether the petitioner is entitled to the deduction of interest on a mortgage note and taxes on the real estate securing the mortgage, which were paid by the petitioner’s divorced wife with funds furnished to her by the petitioner for that purpose after he had deeded the property to the wife under a separation agreement.
The petitioner is a resident of Chicago, Illinois,…
2Cases cited13 opinions
- Gould v. GouldSupreme Court of the United States · 1917
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
- People ex rel. Pearsall v. Catholic BishopIllinois Supreme Court · 1924
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3Cited by13 opinions
- Simon J. Murphy Company and Social Research Foundation, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1956
- Batcheller v. CommissionerUnited States Tax Court · 1946
- Finney v. CommissionerUnited States Tax Court · 1976
- Bonkowski v. CommissionerUnited States Tax Court · 1970
- Boykin v. CommissionerUnited States Tax Court · 1982
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