Isfalt v. Commissioner
United States Tax Court
Alimony Payments Under Sec. 22 (k), I. R. C. 1939. -- Decree of divorce required petitioner to pay $ 24,000 to his former wife as alimony, the payments to be made on the first day of each month in the amount of $ 200 until the full sum was paid, but to be discontinued in the event of the wife's death or remarriage. Held, payments made by petitioner under the divorce decree were installment payments within the meaning of section 22 (k) and not deductible.
1Opinion of the Court
OPINION.
Tietjens, Judge:
Respondent determined a deficiency in income tax for the taxable years 1950, 1951, and 1952 in the total amount of $1,554.09. Petitioner’s returns for the years in question were filed with the collector of internal revenue for the district of Indiana.
The issue involved is whether the payments made by petitioner pursuant to a separation and property settlement agreement entered into by petitioner and his former wife, and made a part of their divorce decree, are periodic payments within the meaning of section 22 (k) of the Internal Revenue Code of 1939.
Other adjustments…
2Cases cited11 opinions
- Smith's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
- Baker Et Ux. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
- Steinel v. CommissionerUnited States Tax Court · 1948
- Fleming v. CommissionerUnited States Tax Court · 1950
- Estate of Orsatti v. CommissionerUnited States Tax Court · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Isfalt v. CommissionerUnited States Tax Court · 1955
- Reinheimer v. CommissionerUnited States Tax Court · 1957