Swaim v. Commissioner
United States Tax Court
Petitioner and his wife were divorced in 1962 in Kentucky. Pursuant to a Kentucky court judgment petitioner's wife restored all of his property to him, including two installment notes. That judgment awarded one of the notes to petitioner's wife as part of her alimony. Held, petitioner realized a gain when the Kentucky court awarded one of the notes to his wife. United States v. Davis, 370 U.S. 65 (1962), followed.
1Opinion of the Court
OPINION
Fay, Judge:
Respondent determined a deficiency of $14,072.70 in petitioner’s income tax for the taxable year 1962.
Petitioner failed to discuss on brief certain issues raised in the pleadings. We therefore conclude that he abandoned these issues. The issue left for decision is whether petitioner received income under section 453 (d) (1) 1 in the taxable year 1962 when the Jefferson Circuit Court in Kentucky awarded his wife a certain installment Obligation in a judgment of final divorce.
All of the facts are stipulated. The stipulation of facts, together with the exhibits attached…
2Cases cited4 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- United States v. DavisSupreme Court of the United States · 1962
- David R. Pulliam v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1964
- Cofield v. KoehlerDistrict Court, D. Kansas · 1962
3Cited by14 opinions
- Thomas v. ThomasSupreme Court of Connecticut · 1970
- Helm v. Helm (In Re Helm)United States Bankruptcy Court, W.D. Kentucky · 1985
- Gerlach v. CommissionerUnited States Tax Court · 1970
- Henry B. And Betty J. Wallace v. United StatesCourt of Appeals for the Eighth Circuit · 1971
- Harry L. Swaim v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1969
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