Yoakum v. Commissioner
United States Tax Court
P claimed a deduction for certain payments made to his former spouse under the terms of their divorce decree. Held, such payments were "installment payments discharging a part of an obligation the principal sum of which is * * * specified in the decree," under sec. 71(c)(1), I.R.C. 1954, and were therefore not "periodic payments," as required by sec. 71(a), I.R.C. 1954. Held, further: The exception to sec. 71(c)(1), I.R.C. 1954, found in sec. 1.71-1(d)(3)(i) and (ii), Income…
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P claimed a deduction for certain payments made to his former spouse under the terms of their divorce decree. Held, such payments were "installment payments discharging a part of an obligation the principal sum of which is * * * specified in the decree," under sec. 71(c)(1), I.R.C. 1954, and were therefore not "periodic payments," as required by sec. 71(a), I.R.C. 1954. Held, further: The exception to sec. 71(c)(1), I.R.C. 1954, found in sec. 1.71-1(d)(3)(i) and (ii), Income Tax Regs., is not applicable to this case. Since the Oklahoma trial courts lack the power to modify, alter, or amend a…
1Opinion of the Court
Parker, Judge-.
Respondent determined a deficiency of $978.23 in petitioner’s Federal income tax for taxable year 1977. The issue for our decision is whether petitioner is entitled to a deduction under section 2151 for certain payments made to his former wife pursuant to a divorce decree.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.
Petitioner Jack R. Yoakum was a resident of Locust Grove, Okla., at the time he filed the petition in this case. He timely filed a U.S.…
2Cases cited18 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Thompson v. CommissionerUnited States Tax Court · 1968
- Shea v. SheaSupreme Court of Oklahoma · 1975
- Collins v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1968
- Gammill v. CommissionerUnited States Tax Court · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Richard E. Hoover v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1996
- M. Jay Steen and Sheila F. Steen v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1991
- Rogers v. Comm'rUnited States Tax Court · 2005
- Holland v. CommissionerUnited States Tax Court · 1985
- Cunningham v. CommissionerUnited States Tax Court · 1994
25 more not listed; retrieve them via the Exa API.