Legal Opinion

Converse v. Commissioner

United States Tax Court

Decided October 31, 1945No. Docket No. 4872PublishedCited by 44 opinions

Gift Tax. -- Settlement at Divorce. -- A lump sum paid by a husband, pursuant to a court order, to his wife in connection with a divorce decree, was not a gift. Herbert Jones, 1 T. C. 1207, followed.

1Opinion of the Court

OPINION.

Murdock, Judge-.

The Commissioner determined deficiencies in gift tax of this petitioner for the calendar years 1941 and 1942 in the amounts of $110,595.13 and $1,215.00. The deficiency for 1942 resulted entirely from the adjustment of total net gifts for preceding years and that in turn resulted entirely from the changes made for 1941. The petitioner alleges that the Commissioner erred in determining that a gift of $625,000 was made to the petitioner’s former wife and a gift of $47,464.24 was made to his daughter in 1941. The parties filed a lengthy stipulation of facts.

The petitioner…

2Cases cited3 opinions

  1. Commissioner v. WemyssSupreme Court of the United States · 1945
  2. Merrill v. FahsSupreme Court of the United States · 1945
  3. Jones v. CommissionerUnited States Tax Court · 1943

3Cited by44 opinions

  1. Rosenthal v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
  2. Hooker v. CommissionerUnited States Tax Court · 1948
  3. Estate of Barnard v. CommissionerUnited States Tax Court · 1947
  4. Estate of McKeon v. CommissionerUnited States Tax Court · 1956
  5. Lahti v. CommissionerUnited States Tax Court · 1946

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