Sharp v. Commissioner
United States Tax Court
In connection with a judgment rendered in a divorce proceeding, petitioner's former husband was ordered to pay her a lump sum. He appealed the judgment, and in accordance with the Kentucky Rules of Civil Procedure, he posted a supersedeas bond to stay execution on that part of the judgment ordering the lump-sum payment, which stay was to remain effective pending the outcome of the appeal. His appeal was partially successful and the amount of the lump-sum award was reduced.
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In connection with a judgment rendered in a divorce proceeding, petitioner's former husband was ordered to pay her a lump sum. He appealed the judgment, and in accordance with the Kentucky Rules of Civil Procedure, he posted a supersedeas bond to stay execution on that part of the judgment ordering the lump-sum payment, which stay was to remain effective pending the outcome of the appeal. His appeal was partially successful and the amount of the lump-sum award was reduced. However, under Kentucky law he was required to pay to petitioner an additional sum, denoted as damages, equal to 10…
1Opinion of the Court
Sally E. Sharp, Petitioner v. Commissioner of Internal Revenue, Respondent
Sharp v. Commissioner
Docket No. 3428-79
United States Tax Court
75 T.C. 32; 1980 U.S. Tax Ct. LEXIS 45;
October 6, 1980, Filed
Decision will be entered under Rule 155.
In connection with a judgment rendered in a divorce proceeding, petitioner's former husband was ordered to pay her a lump sum. He appealed the judgment, and in accordance with the Kentucky Rules of Civil Procedure, he posted a supersedeas bond to stay execution on that part of the judgment ordering the lump-sum payment, which stay was to remain effective…
2Cases cited7 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- James v. United StatesSupreme Court of the United States · 1961
- General American Investors Co. v. CommissionerSupreme Court of the United States · 1955
- Sharp v. SharpCourt of Appeals of Kentucky (pre-1976) · 1973
- Sharp v. SharpCourt of Appeals of Kentucky (pre-1976) · 1974
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