Commissioner of Internal Revenue v. Eccles

Decision Date09 December 1953
Docket NumberNo. 6683.,6683.
Citation208 F.2d 796
PartiesCOMMISSIONER OF INTERNAL REVENUE v. ECCLES.
CourtU.S. Court of Appeals — Fourth Circuit

James Q. Riordan, Sp. Asst. to Atty. Gen., Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack and Lee A. Jackson, Sp. Assts. to Atty. Gen., Washington, D. C., on brief), for petitioner.

Randolph E. Paul, Washington, D. C. (Carolyn E. Agger, Washington, D. C., on brief), for respondent.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is a petition to review a decision of the Tax Court holding that taxpayer was entitled to file a joint income tax return with his wife for the taxable year ending prior to the date upon which he became finally divorced although an interlocutory decree had been entered prior to the expiration of the year. We think that the decision of the Tax Court was clearly correct for reasons adequately stated in its opinion. See 19 T.C. 1049.

Affirmed.

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50 cases
  • Boyter v. Comm'r of Internal Revenue
    • United States
    • U.S. Tax Court
    • August 6, 1980
    ...T.C. 756 (1957), affd. on this issue 267 F.2d 195 (9th Cir. 1959); Eccles v. Commissioner, 19 T.C. 1049 (1953), affd. per curiam 208 F.2d 796 (4th Cir. 1953). The rationale for deferring to State law is that domestic relations is “an area that has long been regarded as a virtually exclusive......
  • Wright v. Comm'r of Internal Revenue , Docket Nos. 830-72
    • United States
    • U.S. Tax Court
    • June 25, 1974
    ...affirming 19 T.C. 1102 (1953); Merle Johnson, 50 T.C. 723 (1968); Marriner S. Eccles, 19 T.C. 1049 (1953), affirmed per curiam 208 F.2d 796 (C.A. 4, 1953). Merle Johnson deals with the right of a husband to use ‘head of household’ tax rates after the entry of an interlocutory decree of divo......
  • Moretti v. C.I.R., 415
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 23, 1996
    ...Utah law does not constitute final legal separation within the meaning of the statute, thus permitting joint filing), aff'd, 208 F.2d 796 (4th Cir.1953) (per curiam); Lane v. Commissioner of Internal Revenue, 26 T.C. 405, 407, 1956 WL 662 (1956) (same rule under California interlocutory div......
  • Boyter v. C. I. R., 80-1792
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 30, 1981
    ...bound by state law rather than federal law when attempting to construe marital status. Eccles v. Commissioner, 19 T.C. 1049, aff'd, 208 F.2d 796 (4 Cir. 1953). The difficulty with this approach in this case, however, is that the Maryland authorities do not establish beyond peradventure of d......
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1 books & journal articles
  • Legal Aspects of Same-sex Relationships in Connecticut
    • United States
    • Connecticut Bar Association Connecticut Bar Journal No. 85, 2011
    • Invalid date
    ...depends on its being considered validly married under its state's law. Eccles v. Comm'r, 19 T.C. 1049, 1051, 1053-54 (1993), affd mem. 208 F.2d 796 (4th Cir. 1994); see also Rev. Rul. 58-66, 1958-1 C.B. 60. 39. Windsor, No. 1:10-CV-8435 (S.D.N.Y. 2011), Compl., at ¶ 77. 40. In the Appeal of......

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