Gale v. Commissioner of Internal Revenue. Commissioner of Internal Revenue v. Gale

CHASE, Circuit Judge.

These two petitions, which were argued together, raise two questions. The first is whether, when the modification in 1944 of a New York decree of divorce increased for the future, and for part of the past, the periodic payments of alimony originally decreed to the petitioning taxpayer, the additional alimony received for the preceding years is taxable as income to the divorced wife in the year of its receipt under § 22(k) of the Internal Revenue Code, 26 U.S.C.A. § 22(k). The second is contingent upon the answer to the first, and is whether if such payments for the…