Legal Opinion

Gordon v. Commissioner

United States Tax Court

Decided July 11, 1978No. Docket No. 1637-76Published

A State court consent decree modifying retroactively the terms of an earlier divorce decree in respect of alimony and child support, held, in the circumstances of this case, to be ineffective for Federal income tax purposes, to recharacterize as alimony certain "variable child support" payments which had theretofore been made.

1Opinion of the Court

Arthur Z. Gordon and Theresa Gordon, Petitioners v. Commissioner of Internal Revenue, Respondent

Gordon v. Commissioner

Docket No. 1637-76

United States Tax Court

70 T.C. 525; 1978 U.S. Tax Ct. LEXIS 91;

July 11, 1978, Filed

Decision will be entered for the respondent.

A State court consent decree modifying retroactively the terms of an earlier divorce decree in respect of alimony and child support, held, in the circumstances of this case, to be ineffective for Federal income tax purposes, to recharacterize as alimony certain "variable child support" payments which had theretofore been made.

Alan L.…

2Cases cited26 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Commissioner v. LesterSupreme Court of the United States · 1961
  3. Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
  4. Daine v. CommissionerUnited States Tax Court · 1947
  5. Van Vlaanderen v. CommissionerUnited States Tax Court · 1948

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