Legal Opinion

Bartsch v. Commissioner

United States Tax Court

Decided April 9, 1952No. Docket No. 29686PublishedCited by 29 opinions

Deductions -- Alimony -- Sections 22 (k), 23 (u). A separation agreement, the substance of which was included in a divorce decree, provided for monthly payments to the wife for life or until remarriage.

Read the full summary

Deductions -- Alimony -- Sections 22 (k), 23 (u). A separation agreement, the substance of which was included in a divorce decree, provided for monthly payments to the wife for life or until remarriage. It also provided for the payment of $ 45,000 in specified amounts of $ 10,000 on or before September 15, in each of the years 1946, 1947, and 1948 and $ 15,000 on or before September 15, 1949. Held, the $ 10,000 payments made in 1946 and 1947 were "installment" and not "periodic" payments and hence not allowable as deductions.

1Opinion of the Court

OPINION.

Tbetjens, Judge:

Petitioner attacks the determination of deficiencies in income tax in the amounts of $6,712.74 and $7,876.48 for 1946 and 1947, respectively.

Several adjustments are not contested but petitioner assigns error in respondent’s disallowance of a deduction of $10,000 in each year claimed as alimony payments under sections 22 (k) and 28 (u) of the Internal Revenue Code.

This case was submitted on a stipulation and exhibits which are adopted as our findings of fact.

Petitioner, a resident of Bronxville, New York, filed income tax returns for 1946 and 1947 with the collector for…

2Cases cited3 opinions

  1. Norton v. CommissionerUnited States Tax Court · 1951
  2. Estate of Orsatti v. CommissionerUnited States Tax Court · 1949
  3. Casey v. CommissionerUnited States Tax Court · 1949

3Cited by29 opinions

  1. Alton F. Lounsbury and Lorraine M. Lounsbury v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
  2. Cramer v. CommissionerUnited States Tax Court · 1961
  3. Lounsbury v. CommissionerUnited States Tax Court · 1961
  4. Martin v. CommissionerUnited States Tax Court · 1979
  5. Davis v. CommissionerUnited States Tax Court · 1964

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API