Legal Opinion

Baker v. Commissioner

United States Tax Court

Decided October 29, 1954No. Docket No. 53694Published

Where allegations of fact in a petition were that payments to a divorced wife sought to be deducted by the husband were made pursuant to a decree of divorce ordering payments of $ 50 per week for 5 years, but that such payments were not intended by the parties to be installment payments of a principal sum, as evidenced by the wife's agreement to pay income taxes thereon, held, that respondent's motion to dismiss the petition for failure to state a cause of action should be…

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Where allegations of fact in a petition were that payments to a divorced wife sought to be deducted by the husband were made pursuant to a decree of divorce ordering payments of $ 50 per week for 5 years, but that such payments were not intended by the parties to be installment payments of a principal sum, as evidenced by the wife's agreement to pay income taxes thereon, held, that respondent's motion to dismiss the petition for failure to state a cause of action should be granted.

1Opinion of the Court

Clark J. Baker and Martha B. Baker, Petitioners, v. Commissioner of Internal Revenue, Respondent

Baker v. Commissioner

Docket No. 53694

United States Tax Court

23 T.C. 161; 1954 U.S. Tax Ct. LEXIS 50;

October 29, 1954, Filed

A decision will be entered dismissing this proceeding and finding the deficiencies to be the amounts determined by respondent.

Where allegations of fact in a petition were that payments to a divorced wife sought to be deducted by the husband were made pursuant to a decree of divorce ordering payments of $ 50 per week for 5 years, but that such payments were not intended by the…

2Cases cited5 opinions

  1. Fleming v. CommissionerUnited States Tax Court · 1950
  2. Estate of Orsatti v. CommissionerUnited States Tax Court · 1949
  3. Casey v. CommissionerUnited States Tax Court · 1949
  4. United Motor Coach Co. v. CommissionerUnited States Tax Court · 1954
  5. Baker v. CommissionerUnited States Tax Court · 1954

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