COMMISSIONER OF INTERNAL REVENUE v. MOSES

No. 183, Docket 22925.

214 F.2d 912 (1954)

COMMISSIONER OF INTERNAL REVENUE v. MOSES.

United States Court of Appeals, Second Circuit.

Decided August 11, 1954.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, A. F. Prescott, Dudley J. Godfrey, Jr., Sp. Assts. to the Atty. Gen., for petitioner.

Barron, Rice & Rockmore, New York City, George P. Halperin, Bernard S. Barron, New York City, of counsel, for respondent.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.


CHASE, Chief Judge.

The broad question presented is whether payments made to the respondent in the taxable year pursuant to a written separation agreement she had made with her husband, who later obtained a divorce from her, are includible in her gross income under Section 22(k) of the Internal Revenue Code, 26 U.S. C.A. § 22(k). The decisive question is whether this written agreement was "incident to such divorce" within the meaning of that phrase in the statute...

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