Berwick C. O'brien, Sr. v. United States

439 F.2d 1201, 27 A.F.T.R.2d (RIA) 1231, 1971 U.S. App. LEXIS 10769

Opinion

PER CURIAM:

In this tax refund case, there was ample evidence to support the jury verdict that a portion of the amount paid by a husband to his wife pursuant to a property settlement agreement accompanying their divorce was properly attributable to her covenant not to compete in his business which was incorporated in the settlement agreement by the husband.

Neither do we find any error in the district court’s jury instructions or rulings on the admissibility of evidence.

Nothing remains, then, but to direct that the judgment of the district court be and is hereby

Affirmed.