Bradley v. Commissioner
United States Tax Court
Under the terms of a property settlement agreement incident to divorce the former wife of the taxpayer was entitled to occupy rent free the residence standing in the taxpayer's name. The taxpayer also agreed to make principal payments on an encumbrance on the residence and to pay the premiums on certain policies of life insurance of which the wife was the contingent beneficiary.
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Under the terms of a property settlement agreement incident to divorce the former wife of the taxpayer was entitled to occupy rent free the residence standing in the taxpayer's name. The taxpayer also agreed to make principal payments on an encumbrance on the residence and to pay the premiums on certain policies of life insurance of which the wife was the contingent beneficiary. Held: 1. The stipulated fair rental value of the residence was not deductible as "periodic payments" of alimony. Secs. 22 (k) and 23 (u), I. R. C. 1939, and secs. 71 and 215, I. R. C. 1954. 2. The taxpayer is not…
1Opinion of the Court
OPINION.
Tietjens, Judge:
The Commissioner determined the following deficiencies in income tax against petitioners: •
Tear Deficiency
1952 ___$3,254. 03
1953 _ 3,501.28
1954 _ 469. 31
The several questions for decision are as follows: (1) Whether the rental value of the residence occupied rent free by petitioner’s former wife in the taxable years constitutes periodic alimony payments deductible by him within the meaning of sections 22 (k) and 23 (u) of the Internal Eevenue Code of 1939 and sections 71 and 215 of the Internal Kevenue Code of 1954; (2) if not, whether petitioner is entitled to deduct…
2Cases cited8 opinions
- Smith's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
- Carmichael v. CommissionerUnited States Tax Court · 1950
- Walsh v. Comm'rUnited States Tax Court · 1954
- Stewart v. CommissionerUnited States Tax Court · 1947
- Howard v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Walet v. CommissionerUnited States Tax Court · 1958
- Griffith v. CommissionerUnited States Tax Court · 1961
- Gerard Piel and Eleanor Jackson Piel v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1965
- Taylor v. CommissionerUnited States Tax Court · 1965
- Hyde v. CommissionerUnited States Tax Court · 1961
33 more not listed; retrieve them via the Exa API.