GRANT v. COMMISSIONER OF INTERNAL REVENUE

No. 42, Docket 22692.

209 F.2d 430 (1953)

GRANT v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Second Circuit.

Decided December 30, 1953.


Attorney(s) appearing for the Case

John P. Allison, New York City, for petitioner.

H. Brian Holland, Ellis N. Slack, Robert N. Anderson and William L. Norton, Jr., Washington, D. C., for respondent.

Before SWAN, FRANK and MEDINA, Circuit Judges.


FRANK, Circuit Judge.

1. As the taxpayer wisely conceded on oral argument in this court, the 1929 agreement, made some 35 days before the divorce suit began, was "incident to" the divorce.1

2. If, without more, Ross, in May 1946, had paid Jane Grant the $10,720 of arrears due under the 1929 agreement, it would have been indisputable that that sum constituted "periodic payments," taxable to her under the statute, notwithstanding...

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