Davidson v. Commissioner of Internal Revenue
Decision Date | 27 January 1955 |
Docket Number | No. 13767.,13767. |
Citation | 219 F.2d 147 |
Parties | Benjamin DAVIDSON, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. |
Court | U.S. Court of Appeals — Ninth Circuit |
Neil D. McCarthy, Los Angeles, Cal., for appellant.
H. Brian Holland, Asst. Atty. Gen., Dudley J. Godfrey, Ellis N. Slack, Robert N. Anderson, Alonzo W. Watson, Jr., Spec. Assts. to Atty. Gen., Charles W. Davis, Chief Counsel, I.R.S., Washington, D. C., for appellee.
Before STEPHENS and FEE, Circuit Judges, and GOODMAN, District Judge.
Davidson petitions this court for review of a decision of the Tax Court sustaining a $388.05 deficiency assessed against him by respondent.
Petitioner's wife secured an interlocutory decree of divorce from him. The property settlement agreement incorporated by the court in the decree provided in material part as follows:
* * *"
Petitioner paid his wife the sum of $3,000.00 for the taxable year 1947 and claimed such sum as a deduction from his gross income. Respondent commissioner disallowed said $3,000.00 deduction on the ground that it did not constitute a proper deduction under § 23(u) of the Internal Revenue Code. The Tax Court sustained respondent and petitioner appeals from that portion of the decision disallowing the sum of $1,500.00 as a deduction for alimony payments of $125.00 per month to his wife, such payments not being for the support and maintenance of the minor children.
Petitioner claims the deduction pursuant to §§ 22(k) and 23(u) of the Internal Revenue Code,1 the pertinent provisions of which follow:
The sole question presented in this appeal is whether the disputed payments made by petitioner in the taxable year 1947, were periodic payments, deductible by him under §§ 22(k) and 23(u), or were installment payments "discharging a part of an obligation the principal sum of which is * * * specified in the decree * * *", and as such taxable to him...
To continue reading
Request your trial-
Suarez v. Comm'r of Internal Revenue
...payments of a principal sum. E.g., Prewett v. Commissioner, 221 F.2d 250 (8th Cir. 1955), revg. 22 T.C. 270 (1954); Davidson v. Commissioner, 219 F.2d 147 (9th Cir. 1955) modifying a Memorandum Opinion of this Court; Myers v. Commissioner, 212 F.2d 448 (9th Cir. 1954) revg. a Memorandum Opi......
-
Kent v. Comm'r of Internal Revenue
...of George I. Speer, 57 T.C. 804 (1972). 7. There seems to be some confusion as to the precise meaning of Myers. See Davidson v. Commissioner, 219 F.2d 147 (C.A. 9, 1955), modifying a Memorandum opinion of this Court; see also Ashcraft v. Commissioner, 252 F.2d 200 (C.A. 7, 1958), affirming ......
-
Martin v. Comm'r of Internal Revenue
...(1948). 8. See, e.g., Prewett v. Commissioner, 221 F.2d 250, 252 (8th Cir. 1955), revg. 22 T.C. 270 (1954); Davidson v. Commissioner, 219 F.2d 147, 149 (9th Cir. 1955), modifying a Memorandum Opinion of this Court; Smith's Estate v. Commissioner, 208 F.2d 349, 353 (3d Cir. 1953), revg. in p......
-
Cramer v. Comm'r of Internal Revenue
...Smith's Estate v. Commissioner, 208 F.2d 349 (C.A. 3, 1953), reversing in part a Memorandum Opinion of this Court; Davidson v. Commissioner, 219 F.2d 147 (C.A. 9, 1955), modifying a Memorandum Opinion of this Court; Prewett v. Commissioner, 221 F.2d 250 (C.A. 8, 1955), reversing 22 T.C. 270......