PORTFOLIO v. UNITED STATES

No. 4-52.

118 F.Supp. 367 (1954)

PORTFOLIO v. UNITED STATES.

United States Court of Claims.

February 2, 1954.


Attorney(s) appearing for the Case

Francis T. Nemac, New York City, for plaintiff. Jeremiah T. Mahoney, New York City, was on the brief.

Elizabeth B. Davis, Washington, D. C., with whom was H. Brian Holland, Asst. Atty. Gen., for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER and MADDEN, Judges.


MADDEN, Judge.

The plaintiff, in his income tax returns for each of the years 1943, 1944, and 1945, claimed a deduction of $9,600, the amount paid by him in each year to his wife from whom he was separated. A written agreement between him and his wife provided for the payment of that amount. The tax authorities denied the deduction, the plaintiff paid the tax and now sues for its refund.

The plaintiff bases his claim upon the provisions of Sections 22(k) and...

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