Legal Opinion

Tate v. United States

District Court, E.D. Tennessee

Decided June 28, 1962No. Civ. A. 4372PublishedCited by 7 opinions

1Opinion of the Court

ROBERT L. TAYLOR, Chief Judge.

This suit was filed by taxpayer, Henley W. Tate, for refund of income taxes in the amount of $7,499.14 for the tax year 1959. The case presents a very simple question — whether the sum of $14,000.00 paid by the taxpayer under an alimony and property settlement agreement, which was incorporated by the Court in a final decree, is taxable to him or to his wife under Title 26 U.S.C. Sec. 71(a) (c) and (d).

Section 215 of the Internal Revenue Code of 1954, 26 U.S.C. § 215, permits the taxpayer to deduct the payments for the tax year, includible in the income of his…

2Cases cited4 opinions

  1. Norton v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1951
  2. Howard H. Knowles v. United StatesCourt of Appeals for the Fifth Circuit · 1961
  3. Knowles v. United StatesDistrict Court, S.D. Mississippi · 1960
  4. Benjamin F. Birdwell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956

3Cited by7 opinions

  1. Elizabeth H. Bardwell v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1963
  2. Alton F. Lounsbury and Lorraine M. Lounsbury v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
  3. Capodanno v. CommissionerUnited States Tax Court · 1978
  4. Springer v. Comm'rUnited States Tax Court · 2003
  5. Capodanno v. CommissionerUnited States Tax Court · 1978

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