ESTATE OF ORSATTI v. COMMISSIONER

Docket No. 13466.

12 T.C. 188 (1949)

ESTATE OF FRANK P. ORSATTI, DECEASED, ESTELLA ORSATTI BURRESS AND BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, CO-ADMINISTRATORS WITH THE WILL ANNEXED, PETITIONERS, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated February 10, 1949.


Attorney(s) appearing for the Case

Arthur Manella, Esq., for the petitioners.

Byron M. Coon, Esq., for the respondent.


This proceeding involves deficiencies in income and victory tax for 1943 and income tax for 1944 in the amounts of $7,461.74 and $4,289.71, respectively.

The sole question is whether the decedent was entitled, under the provisions of sections 22 (k) and 23 (u) of the Internal Revenue Code, to claim as deductions for the years 1942, 1943, and 1944 certain payments made by him during these years to his divorced wife. The Commissioner's disallowance of the deduction...

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