Budd v. Commissioner of Internal Revenue

Sixth Circuit

Budd v. Commissioner of Internal Revenue

177 F.2d 198, 38 A.F.T.R. (P-H) 549, 1947 U.S. App. LEXIS 3394

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 5, 1947

Docket10406

StatusPublished

Cited by31 cases

This text of 177 F.2d 198 (Budd v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Budd v. Commissioner of Internal Revenue, 177 F.2d 198, 38 A.F.T.R. (P-H) 549, 1947 U.S. App. LEXIS 3394 (6th Cir. 1947).

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Opinion

PER CURIAM.

The question here is whether in re-computing the income of the petitioner for the taxable year ending December 31, 1943, the respondent rightly included in the petitioner’s income the sum of $2400 out of $6,000 deducted by the petitioner as alimony payments under a separation agreement between the petitioner and his wife, in view of the language of § 22(k) of the Internal Revenue Code, 26 U.S.C.A. § 22(k), and Regulation 111, § 29.22(k)-1(d).

Section 22 (k) provides- in substance that alimony payments constitute taxable income of the wife but that the subsection does not apply to any periodic payments which the terms of the decree- or written instrument fix as a sum which: is- payable for the support of minor children. We agree with the Tax Court that in considering the separation instrument as a; whole it becomes clear that of the $6,000'- paid to the wife for the taxable year, a> minimum of $200 per month is earmarked for the support of the petitioner’s minor son.

Wherefore, the decision of the-Tax Court sustaining the deficiency assessment of the respondent is hereby affirmed' upon the reasoning of the Tax Court’s opinion.

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PER CURIAM.

The question here is whether in re-computing the income of the petitioner for the taxable year ending December 31, 1943, the respondent rightly included in the petitioner’s income the sum of $2400 out of $6,000 deducted by the petitioner as alimony payments under a separation agreement between the petitioner and his wife, in view of the language of § 22(k) of the Internal Revenue Code, 26 U.S.C.A. § 22(k), and Regulation 111, § 29.22(k)-1(d).

Section 22 (k) provides- in substance that alimony payments constitute taxable income of the wife but that the subsection does not apply to any periodic payments which the terms of the decree- or written instrument fix as a sum which: is- payable for the support of minor children. We agree with the Tax Court that in considering the separation instrument as a; whole it becomes clear that of the $6,000'- paid to the wife for the taxable year, a> minimum of $200 per month is earmarked for the support of the petitioner’s minor son.

Wherefore, the decision of the-Tax Court sustaining the deficiency assessment of the respondent is hereby affirmed' upon the reasoning of the Tax Court’s opinion.

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177 F.2d 198, 38 A.F.T.R. (P-H) 549, 1947 U.S. App. LEXIS 3394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budd-v-commissioner-of-internal-revenue-ca6-1947.

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