Rothschild v. Commissioner
United States Tax Court
Under a written separation agreement, petitioner-wife was given the right to occupy, free of charge, a cooperative apartment "owned" by petitioner-husband by virtue of his ownership of stock in the cooperative housing corporation. Under the separation agreement, petitioner-husband was required to pay the "rent" on the apartment, repair costs, and medical insurance premiums.
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Under a written separation agreement, petitioner-wife was given the right to occupy, free of charge, a cooperative apartment "owned" by petitioner-husband by virtue of his ownership of stock in the cooperative housing corporation. Under the separation agreement, petitioner-husband was required to pay the "rent" on the apartment, repair costs, and medical insurance premiums. Held, those payments are income to petitioner-wife under sec. 71(a)(2), I.R.C. 1954, and deductible by petitioner-husband under sec. 215. Marinello v. Commissioner, 54 T.C. 577 (1970), followed. Isaacson v. Commissioner,…
1Opinion of the Court
OPINION
Fay, Judge'.
Respondent determined deficiencies in petitioners’ Federal income tax as follows:
Petitioner(s) Year Deficiency
Jane N. Rothschild . 1974 $2,968.00
1975 3,299.00
1976 2,875.00
Marcus A. Rothschild
and Barbara D. Rothschild1 . 1974 743.20
1975 2,360.00
1976 3,521.46
At issue is the characterization of payments made by Marcus A. Rothschild to Jane N. Rothschild pursuant to a separation agreement executed by those parties.2
All the facts have been stipulated and are found accordingly.
Petitioners were residents of New York when they filed their respective petitions in this case.
Petitioner…
2Cases cited6 opinions
- Bradley v. CommissionerUnited States Tax Court · 1958
- Pappenheimer v. AllenCourt of Appeals for the Fifth Circuit · 1947
- Taylor v. CommissionerUnited States Tax Court · 1965
- Washington v. CommissionerUnited States Tax Court · 1981
- Marinello v. CommissionerUnited States Tax Court · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Grutman v. CommissionerUnited States Tax Court · 1983
- Grutman v. CommissionerUnited States Tax Court · 1983
- Rothschild v. CommissionerUnited States Tax Court · 1982