Legal Opinion

Campbell v. Commissioner

United States Tax Court

Decided September 29, 1950No. Docket No. 20484Published

Petitioner and his former wife were married in 1901. They were separated in 1921. Several times from 1921 until 1936 they discussed the subject of divorce. In 1936 petitioner wrote her offering her terms of a "settlement." She accepted that offer and subsequently obtained a divorce from petitioner. In the years 1942, 1943, and 1944, petitioner deducted the payments provided for in the agreement with his former wife. The respondent disallowed those deductions.

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Petitioner and his former wife were married in 1901. They were separated in 1921. Several times from 1921 until 1936 they discussed the subject of divorce. In 1936 petitioner wrote her offering her terms of a "settlement." She accepted that offer and subsequently obtained a divorce from petitioner. In the years 1942, 1943, and 1944, petitioner deducted the payments provided for in the agreement with his former wife. The respondent disallowed those deductions. Held, since the payments were made under a written instrument and legal obligation within the intendment of section 22 (k) of the…

1Opinion of the Court

Charles Campbell, Petitioner, v. Commissioner of Internal Revenue, Respondent

Campbell v. Commissioner

Docket No. 20484

United States Tax Court

15 T.C. 355; 1950 U.S. Tax Ct. LEXIS 79;

September 29, 1950, Promulgated

Decision will be entered under Rule 50.

Petitioner and his former wife were married in 1901. They were separated in 1921. Several times from 1921 until 1936 they discussed the subject of divorce. In 1936 petitioner wrote her offering her terms of a "settlement." She accepted that offer and subsequently obtained a divorce from petitioner. In the years 1942, 1943, and 1944, petitioner…

2Cases cited7 opinions

  1. Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
  2. Coe v. HillMassachusetts Supreme Judicial Court · 1909
  3. Jefferson v. CommissionerUnited States Tax Court · 1949
  4. Butler v. MarcusNew York Court of Appeals · 1934
  5. Campbell v. CommissionerUnited States Tax Court · 1950

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