Legal Opinion

Hummel v. Commissioner

United States Tax Court

Decided August 30, 1957No. Docket No. 54686Published

Alimony v. Child Maintenance -- Sec. 22 (k), I. R. C. 1939 -- Fixing Amount of Child Support -- Subsequent Amendment. -- Entire payment is taxable to divorced wife where it was for "alimony and maintenance of the child" under agreement incorporated in divorce decree, despite a later "awarding" of a lesser payment to the support of a minor child.

1Opinion of the Court

Frances Hummel, Petitioner, v. Commissioner of Internal Revenue, Respondent

Hummel v. Commissioner

Docket No. 54686

United States Tax Court

28 T.C. 1131; 1957 U.S. Tax Ct. LEXIS 105;

August 30, 1957, Filed

Decision will be entered under Rule 50.

Alimony v. Child Maintenance -- Sec. 22 (k), I. R. C. 1939 -- Fixing Amount of Child Support -- Subsequent Amendment. -- Entire payment is taxable to divorced wife where it was for "alimony and maintenance of the child" under agreement incorporated in divorce decree, despite a later "awarding" of a lesser payment to the support of a minor child.

Thomas W.…

2Cases cited8 opinions

  1. Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
  2. Daine v. CommissionerUnited States Tax Court · 1947
  3. Van Vlaanderen v. CommissionerUnited States Tax Court · 1948
  4. Van Vlaanderen v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1949
  5. Moitoret v. CommissionerUnited States Tax Court · 1946

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