Blumenthal v. Commissioner of Internal Revenue

KALODNER, 'Circuit Judge.

The issue presented by this petition for review of the decision of the Tax Court is whether premiums paid by the taxpayer on insurance policies on his own life for the irrevocable benefit of his divorced wife are deductible from gross income under Section 23(u) of the Internal Revenue Code, 26 U.S.C.A. § 23(u). This section of the Code permits a husband to deduct from gross income amounts includible under Section 22(k), 26' U.S.C.A. § 22(k), in the gross income of .his-wife, payment of which is made in the husband’s taxable year. Section 22 (k) is set out in pertinent…