Hart v. Commissioner
United States Tax Court
In a property settlement agreement executed in 1934, and amended in 1935, the decedent agreed to pay his wife, from whom he procured a divorce in 1935, $ 9,528 per annum, plus amounts necessary for education of their child, and also agreed not to alter or amend, except as provided therein, an unfunded insurance trust of insurance policies upon his life for the benefit of his wife, son, and descendants, created in 1933, and to maintain the policies in full force and effect.
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In a property settlement agreement executed in 1934, and amended in 1935, the decedent agreed to pay his wife, from whom he procured a divorce in 1935, $ 9,528 per annum, plus amounts necessary for education of their child, and also agreed not to alter or amend, except as provided therein, an unfunded insurance trust of insurance policies upon his life for the benefit of his wife, son, and descendants, created in 1933, and to maintain the policies in full force and effect. In 1938 the New York Supreme Court decreed that decedent should pay his wife 38.5 per cent of his income and that this…
1Opinion of the Court
OPINION.
HaRlan, Judge:
The Commissioner determined a deficiency in income tax for the year 1943 in the amount of $2,406.79. Both the 1942 and 1943 taxable years are involved by reason of the Current Tax Payment Act. The question before us is whether petitioners are entitled to deduct the amount of premiums paid by decedent, Boies C. Hart, in 1942 and 1943, on policies of insurance on his own life, as alimony under sections 22 (k) and 23 (u), Internal Revenue-Code.
All of the facts herein are stipulated, and as stipulated the facts are adopted.
The petitioner, Eloise Grayston Hart, resides in New…
2Cases cited4 opinions
- Brodie v. CommissionerUnited States Tax Court · 1942
- Deupree v. CommissionerUnited States Tax Court · 1942
- Stewart v. CommissionerUnited States Tax Court · 1947
- Seligmann v. CommissionerUnited States Tax Court · 1947
3Cited by27 opinions
- Carmichael v. CommissionerUnited States Tax Court · 1950
- Lehman v. CommissionerUnited States Tax Court · 1951
- Seligmann v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1953
- Weil v. CommissionerUnited States Tax Court · 1954
- Gerard Piel and Eleanor Jackson Piel v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1965
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