Legal Opinion

Hyde v. Commissioner

United States Board of Tax Appeals

Decided October 3, 1934No. Docket Nos. 65495, 69952PublishedCited by 5 opinions

Pursuant to an agreement between the petitioner and his wife dated October 29, 1918, the wife was to bring an action for divorce before the Tribunal of the Seine against the petitioner, based "on grounds of desertion only."

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Pursuant to an agreement between the petitioner and his wife dated October 29, 1918, the wife was to bring an action for divorce before the Tribunal of the Seine against the petitioner, based "on grounds of desertion only." Petitioner agreed with his wife that if such a divorce should be obtained and she would waive all claims against him for alimony, dower, support, and maintenance, he would cause a trust to be created in her favor, which would insure to her an income of $30,000 per year during her life. The divorce was obtained and on August 2, 1919, the petitioner created a trust from…

1Opinion of the Court

OPINION.

Smith :

These proceedings, consolidated for report, involve income tax deficiencies for 1929 and 1930 of $5,678.33 and $4,859.01. The allegation of error common to both proceedings is that the respondent erred in including in the income of.the petitioner $27,494.66 for the year 1929 and $27,948.54 for the year 1930, which amounts represented income paid during those years to Martha Leishman Hyde, who, prior to her divorce, had been the wife of the petitioner, from a trust estate created for the benefit of the said Martha Leishman Hyde in and under an indenture of trust dated August 2,…

2Cases cited16 opinions

  1. Corliss v. BowersSupreme Court of the United States · 1930
  2. Nichols v. CoolidgeSupreme Court of the United States · 1927
  3. Heiner v. DonnanSupreme Court of the United States · 1932
  4. Burnet v. WellsSupreme Court of the United States · 1933
  5. Milliken v. United StatesSupreme Court of the United States · 1931

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Simenon v. CommissionerUnited States Tax Court · 1965
  2. Tuttle v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Hyde v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Simenon v. CommissionerUnited States Tax Court · 1965
  5. Whitaker v. CommissionerUnited States Board of Tax Appeals · 1935

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