Legal Opinion

Delehanty v. Commissioner

United States Tax Court

Decided August 4, 1977No. Docket No. 2769-75Unpublished

P and his former wife entered into a separation agreement settling all of their property rights and providing for periodic payments to the wife of $1,150 per month. Subsequently, the California court ordered P to pay for the support and maintenance of each of the minor children the sum of $287.50 per month. During 1972, P made such payments.

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P and his former wife entered into a separation agreement settling all of their property rights and providing for periodic payments to the wife of $1,150 per month. Subsequently, the California court ordered P to pay for the support and maintenance of each of the minor children the sum of $287.50 per month. During 1972, P made such payments. Held, such payments discharged the obligation for support of the minor children imposed by the decree, and therefore under secs. 71 and 215, I.R.C. 1954, they are not deductible by him.

1Opinion of the Court

EDWARD J. DELEHANTY and MARGARET DELEHANTY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Delehanty v. Commissioner

Docket No. 2769-75.

United States Tax Court

T.C. Memo 1977-255; 1977 Tax Ct. Memo LEXIS 186; 36 T.C.M. (CCH) 1034; T.C.M. (RIA) 770255;

August 4, 1977, Filed

P and his former wife entered into a separation agreement settling all of their property rights and providing for periodic payments to the wife of $1,150 per month. Subsequently, the California court ordered P to pay for the support and maintenance of each of the minor children the sum of $287.50 per month. During…

2Cases cited22 opinions

  1. Commissioner v. LesterSupreme Court of the United States · 1961
  2. Puckett v. PuckettCalifornia Supreme Court · 1943
  3. Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
  4. Daine v. CommissionerUnited States Tax Court · 1947
  5. Van Vlaanderen v. CommissionerUnited States Tax Court · 1948

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