Legal Opinion

Metcalf v. Commissioner

United States Tax Court

Decided December 23, 1958No. Docket Nos. 56056, 56330Published

1. Settlement agreement executed 3 days prior to divorce but not referred to in divorce decree, held, to survive divorce. 2. Where settlement agreement read as a whole earmarked a part of the weekly payments made by husband to wife as being for support of the minor children, held, husband not entitled to deduct and wife not taxable on part of payments so earmarked for support of children even though divorce decree did not specifically designate part payable for support of…

Read the full summary

1. Settlement agreement executed 3 days prior to divorce but not referred to in divorce decree, held, to survive divorce. 2. Where settlement agreement read as a whole earmarked a part of the weekly payments made by husband to wife as being for support of the minor children, held, husband not entitled to deduct and wife not taxable on part of payments so earmarked for support of children even though divorce decree did not specifically designate part payable for support of children. 3. Held, husband entitled to dependency credit for each of five children.

1Opinion of the Court

Arthur G. B. Metcalf, Petitioner, v. Commissioner of Internal Revenue, Respondent. Mary C. Thomson (Formerly Mary C. Metcalf), Petitioner, v. Commissioner of Internal Revenue, Respondent

Metcalf v. Commissioner

Docket Nos. 56056, 56330

United States Tax Court

31 T.C. 596; 1958 U.S. Tax Ct. LEXIS 11;

December 23, 1958, Filed

Decisions will be entered under Rule 50.

1. Settlement agreement executed 3 days prior to divorce but not referred to in divorce decree, held, to survive divorce.

2. Where settlement agreement read as a whole earmarked a part of the weekly payments made by husband to wife as being…

2Cases cited15 opinions

  1. Schillander v. SchillanderMassachusetts Supreme Judicial Court · 1940
  2. Freeman v. SieveMassachusetts Supreme Judicial Court · 1949
  3. Weil v. CommissionerUnited States Tax Court · 1954
  4. Wilson v. CaswellMassachusetts Supreme Judicial Court · 1930
  5. Boettiger v. CommissionerUnited States Tax Court · 1958

10 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