HOGG v. COMMISSIONER

Docket No. 17903.

13 T.C. 361 (1949)

THOMAS E. HOGG, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated September 26, 1949.


Attorney(s) appearing for the Case

Milton H. West, Jr., Esq., and Harry R. Jones, Esq., for the petitioner.

Allen P. Aiken, Esq., for the respondent.


The Commissioner determined deficiencies of $11,516.79 and $10,882.33 in petitioner's income tax for 1943 and 1944, respectively, by disallowing the deduction of amounts paid monthly to petitioner's wife under an agreement made incident to divorce. Petitioner contends that the obligation was incurred because of the marital relationship and in lieu of alimony or support within the meaning of section 22 (k), Internal Revenue Code, and is hence deductible under section 23 (u...

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