Legal Opinion

Knowles v. United States

District Court, S.D. Mississippi

Decided February 17, 1960No. Civ. A. 2867PublishedCited by 14 opinions

1Opinion of the Court

MIZE, District Judge.

This is a suit by plaintiff to recover income taxes in the amount of $11,986.74 plus interest, alleged to have been ille-gaily assessed and collected for the year 1956.

Question Presented

Whether the $25,000 lump sum alimony payment that the taxpayer was required to make to his former wife, pursuant to the terms of a divorce decree, was a nondeductible lump sum installment payment (as contended by the Commissioner of Internal Revenue), or was a deductible periodic payment of alimony (as contended by the taxpayer).

Statutes Involved Internal Revenue Code of 1954:

“§ 71.…

2Cases cited5 opinions

  1. Baer v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1952
  2. Norton v. CommissionerUnited States Tax Court · 1951
  3. Norton v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1951
  4. Pappenheimer v. AllenCourt of Appeals for the Fifth Circuit · 1947
  5. Benjamin F. Birdwell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956

3Cited by14 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. Schwab v. CommissionerUnited States Tax Court · 1969
  4. Pierce v. CommissionerUnited States Tax Court · 1976
  5. Howard H. Knowles v. United StatesCourt of Appeals for the Fifth Circuit · 1961

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