Coary v. Commissioner

1969 T.C. Memo. 25, 28 T.C.M. 120, 1969 Tax Ct. Memo LEXIS 272
United States Tax Court·Decided February 3, 1969·No. Docket Nos. 4467-66, 5841-66.·Unpublished

Opinion

Stephen Z. Coary and Marlene Coary v. Commissioner. Stephen Z. Coary v. Commissioner.
Coary v. Commissioner
Docket Nos. 4467-66, 5841-66.
United States Tax Court
T.C. Memo 1969-25; 1969 Tax Ct. Memo LEXIS 272; 28 T.C.M. (CCH) 120; T.C.M. (RIA) 69025;
February 3, 1969, Filed

*272 Held: The petitioners have failed to show that they provided more than one-half the total support of the claimed dependents in 1963 and 1964.

Stephen Z. Coary, pro se, 918 Chippewa Circle, Carpentersville, Ill. James F. Hanley, Jr., for the respondent.

SIMPSON

Memorandum Findings of Fact and Opinion

SIMPSON, Judge: The respondent determined deficiencies in the petitioners' income tax as follows: *273

Taxable
DocketYear
No.PetitionersEndedDeficiency
5841-66Stephen Z. Coary12/31/63$312.87
4467-66Stephen Z. Coary
& Marlene Coary12/31/64$414.24
121

Other issues raised by the deficiency notices have been conceded by the petitioners; the only question remaining is whether the petitioners furnished more than one-half of the total support of Stephen Coary's sons, Bruce and Kevin, in the years 1963 and 1964.

Findings of Fact

Some of the facts have been stipulated, and those facts are so found.

Stephen Z. Coary, the petitioner in docket No. 5841-66, filed an individual income tax return for the calendar year 1963, using the cash receipts and disbursements method of accounting, with the district director of internal revenue at Chicago, Illinois. He resided at Carpentersville, Illinois, at the time his petition was filed in this case.

Stephen Z. Coary and Marlene Coary, the petitioners in docket No. 4467-66, were husband and wife during the calendar year 1964 and filed a joint income tax return, using the cash receipts and disbursements method of accounting, with the district director of internal revenue, Chicago, Illinois. *274 At the time their petition was filed, Stephen Z. Coary resided at Carpentersville, Illinois, and Marlene Coary resided at Chicago, Illinois.

On December 13, 1953, Stephen married Cleo Jasmen. Two children, Bruce and Kevin Coary, were born of this marriage. By order of the Superior Court of Cook County, Illinois, Cleo obtained a decree of divorce from Stephen on March 19, 1963. The decree incorporated a property settlement agreed on by Stephen and Cleo, and further provided, inter alia, that Stephen would pay Cleo $150 per month as child support for Bruce and Kevin, of whom Cleo was to have custody. The decree provided for no set visitation rights, but provided that Stephen had "the right and privilege of visiting said children at all reasonable times."

In November 1963, Stephen and Cleo entered into an agreement, embodied in the order of the Superior Court of Cook County, establishing more definitely his visitation rights concerning Bruce and Kevin. It provided that Stephen was to have visitation and custody rights with respect to the two children one-half day each Sunday, 2 full days 1 weekend each month, and each Wednesday evening. By agreement executed May 29, 1964, Cleo and*275 Stephen modified his visitation rights for the summer of 1964 so that the children could spend a 6-week vacation with Cleo at a temporary residence in Superior, Wisconsin, without visits by Stephen and then a 2-week vacation with Stephen in Chicago.

At the time of the divorce, Bruce was 8 years of age and Kevin was 6. During 1963 and 1964, they resided with Cleo, pursuant to the divorce decree, in a 6-room, 3-bedroom bungalow. Cleo obtained ownership of the bungalow as a part of the property settlement incident to the divorce decree.

Stephen contributed the following amounts to the two children's support in 1963 and 1964:

19631964
Child support payments made to Cleo pursuant to divorce decree$1,395.00$1,800.00
Amounts paid to Cleo during 1963 for child support prior to divorce280.00
Health insurance24.0024.00
Telephone bills8.25
Toys and clothing63.61153.85
Entertainment

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Coary v. Commissioner, 1969 T.C. Memo. 25, 28 T.C.M. 120, 1969 Tax Ct. Memo LEXIS 272 (tax 1969).

1969 T.C. Memo. 25 (Coary v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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