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NEWTON v. PEDRICK

115 F.Supp. 368 (1953)

NEWTON v. PEDRICK.

United States District Court S. D. New York.

March 12, 1953.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff; Randolph E. Paul and Carolyn E. Agger, Washington, D. C., and Herrick K. Lidstone, New York City, of counsel.

Myles J. Lane, U. S. Atty., S.D. New York, New York City, for defendant; Lawrence G. Greene, Asst. U. S. Atty., New York City, of counsel.

RYAN, District Judge.

This suit commenced in October, 1948, against the Collector of Internal Revenue for the Second District of New York, since deceased, and continued against the administratrix of his estate, is to recover an additional assessment of $11,293.04 levied on plaintiff's 1944 income.

Plaintiff in his return for the calendar year 1944 deducted as alimony $11,000 paid by him to his former wife, Alice L. Newton under an agreement made in

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