Bishop v. Commissioner
United States Tax Court
1. Monthly payments by petitioner to his former wife in the amount of $ 1,700 during 1964 were alimony within the meaning of secs. 71 and 215, I.R.C. 1954, to the extent of $ 1,000 and capital investments for the acquisition of part of her share of the community property to the extent of $ 700. 2. Petitioner did not realize taxable income in 1964 with respect to the value of the family residence which he obligated himself in a separation and property settlement agreement to…
Read the full summary
1. Monthly payments by petitioner to his former wife in the amount of $ 1,700 during 1964 were alimony within the meaning of secs. 71 and 215, I.R.C. 1954, to the extent of $ 1,000 and capital investments for the acquisition of part of her share of the community property to the extent of $ 700. 2. Petitioner did not realize taxable income in 1964 with respect to the value of the family residence which he obligated himself in a separation and property settlement agreement to deed, or cause a corporation to deed, to his wife.
1Opinion of the Court
Featherston, Judge;
Respondent determined a deficiency in petitioner’s Federal income tax for 1964 in the amount of $35,658.65. The only issues presented for decision are:(1) Whether payments made by petitioner to his former wife are deductible by him as alimony under section 215;1 and(2) Whether the value of the family residence which petitioner agreed, as one feature of a separation agreement, to deed, or cause a corporation to deed, to his wife is taxable to him as a constructive dividend in 1964.
FINDINGS OF FACT
Grant R. Bishop (hereinafter Grant) was a legal resident of Sara-toga, Calif.,…
2Cases cited22 opinions
- United States v. DavisSupreme Court of the United States · 1962
- De Burgh v. De BurghCalifornia Supreme Court · 1952
- Elizabeth H. Bardwell v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1963
- Bardwell v. CommissionerUnited States Tax Court · 1962
- Dexter v. DexterCalifornia Supreme Court · 1954
17 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hesse v. CommissionerUnited States Tax Court · 1973
- Beard v. CommissionerUnited States Tax Court · 1981
- Warnack v. CommissionerUnited States Tax Court · 1979
- Martin v. CommissionerUnited States Tax Court · 1979
- Weiner v. CommissionerUnited States Tax Court · 1973
29 more not listed; retrieve them via the Exa API.