Hardy v. Commissioner
United States Tax Court
Pursuant to a decree of divorce petitioner husband was required to make monthly payments to his divorced wife for her support and maintenance. These payments were to terminate upon the death or remarriage of the divorced wife.
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Pursuant to a decree of divorce petitioner husband was required to make monthly payments to his divorced wife for her support and maintenance. These payments were to terminate upon the death or remarriage of the divorced wife. The decree contained another provision which required petitioner to pay his divorced wife $ 5,000 if she should remarry in 1966. Held, pursuant to secs. 71 and 215 of the Internal Revenue Code the $ 5,000 payment is not deductible by petitioner since it is a principal sum and not a "periodic payment."
1Opinion of the Court
William M. Hardy, Petitioner v. Commissioner of Internal Revenue, Respondent
Hardy v. Commissioner
Docket No. 5514-70
United States Tax Court
59 T.C. 857; 1973 U.S. Tax Ct. LEXIS 154; 59 T.C. No. 84;
March 29, 1973, Filed
Decision will be entered under Rule 50.
Pursuant to a decree of divorce petitioner husband was required to make monthly payments to his divorced wife for her support and maintenance. These payments were to terminate upon the death or remarriage of the divorced wife. The decree contained another provision which required petitioner to pay his divorced wife $ 5,000 if she should…
2Cases cited5 opinions
- Bartsch v. CommissionerUnited States Tax Court · 1952
- Haag v. CommissionerUnited States Tax Court · 1951
- Commissioner of Internal Revenue v. James C. Senter and Susan B. Senter, Anthony Foster McKissick v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1957
- Cattier v. CommissionerUnited States Tax Court · 1952
- Hardy v. CommissionerUnited States Tax Court · 1973