Young v. Commissioner
United States Board of Tax Appeals
Decedent's first wife asserted a claim against his estate for alimony, subsequent to decedent's death, that had been decreed to her by an Iowa court in the "sum of $4,500 per annum during her natural life" payable in accordance with the terms of an agreement between the parties.
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Decedent's first wife asserted a claim against his estate for alimony, subsequent to decedent's death, that had been decreed to her by an Iowa court in the "sum of $4,500 per annum during her natural life" payable in accordance with the terms of an agreement between the parties. Decedent's second wife, as executrix, compromised and settled the claim for alimony by paying $12,500 out of the assets of the estate with the approval of and upon order by the Arizona court wherein decedent's estate was being administered. Held, that the amount paid in compromise of the first wife's claim is…
1Opinion of the Court
*233OPINION.
ArNold :
Petitioner contends that the right of deduction is specifically granted by section 303 (a) (1) of the Revenue Act of 1926, as a claim allowed by the laws of the jurisdiction under which the estate is being administered, that the claim is not founded upon a promise or agreement but upon a decree of a court of competent jurisdiction, which decree is founded on an obligation imposed by law.
Respondent disallowed the deduction on the ground that the claim is founded upon a promise or agreement to pay alimony during the lifetime of the decedent’s former wife and contends it was not…
2Cases cited11 opinions
- Douglas v. WillcutsSupreme Court of the United States · 1935
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Emerson v. EmersonCourt of Appeals of Maryland · 1913
- Schooley v. SchooleySupreme Court of Iowa · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commissioner of Internal Revenue v. MaresiCourt of Appeals for the Second Circuit · 1946
- Commissioner of Internal Rev. v. State Street T. Co.Court of Appeals for the First Circuit · 1942
- Fleming v. YokeDistrict Court, N.D. West Virginia · 1944
- Estate of Angus O. Swink, Virginia Trust Co. v. CommissionerUnited States Tax Court · 1945
- Mason v. CommissionerUnited States Board of Tax Appeals · 1941
3 more not listed; retrieve them via the Exa API.