Thompson v. Commissioner
United States Tax Court
In 1963, petitioner received a payment of $ 8,000 from her former husband pursuant to an Indiana divorce decree which awarded her a lump-sum alimony judgment for $ 38,000, payable in installments over a period ending more than 10 years after the date of the decree.
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In 1963, petitioner received a payment of $ 8,000 from her former husband pursuant to an Indiana divorce decree which awarded her a lump-sum alimony judgment for $ 38,000, payable in installments over a period ending more than 10 years after the date of the decree. Held, $ 3,800 of $ 8,000 payment was a periodic payment under sec. 71(c)(2), I.R.C. 1954, which arose out of her former husband's obligation to support and is taxable to petitioner under sec. 71(a) (1), I.R.C. 1954. Payment was not in exchange for petitioner's share of property accumulated during the marriage.
1Opinion of the Court
Wilma Thompson, Petitioner v. Commissioner of Internal Revenue, Respondent
Thompson v. Commissioner
Docket No. 4041-66
United States Tax Court
50 T.C. 522; 1968 U.S. Tax Ct. LEXIS 104;
June 27, 1968, Filed
Decision will be entered for the respondent.
In 1963, petitioner received a payment of $ 8,000 from her former husband pursuant to an Indiana divorce decree which awarded her a lump-sum alimony judgment for $ 38,000, payable in installments over a period ending more than 10 years after the date of the decree. Held, $ 3,800 of $ 8,000 payment was a periodic payment under sec. 71(c)(2), I.R.C. 1954,…
2Cases cited19 opinions
- Elizabeth H. Bardwell v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1963
- Bardwell v. CommissionerUnited States Tax Court · 1962
- Thompson v. CommissionerUnited States Tax Court · 1968
- Shula v. ShulaIndiana Supreme Court · 1956
- McDaniel v. McDanielIndiana Supreme Court · 1964
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