LESTER v. C.I.R.

No. 301, Docket 26020.

279 F.2d 354 (1960)

Jerry LESTER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided June 6, 1960.


Attorney(s) appearing for the Case

Louis Mandel, for petitioner, Leonard J. Lefkort, New York City, of counsel.

Norman H. Wolfe, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, C. Guy Tadlock, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before LUMBARD, Chief Judge, HAND, Circuit Judge, and JAMESON, District Judge.


HAND, Circuit Judge.

Lester, the taxpayer, petitions to review an order of the United States Tax Court, holding him liable for deficiencies in his income tax for the years 1951-52, based upon the disallowance of deductions claimed by him as payments of alimony. The facts were as follows: Lester and his wife had three children, aged 13, 11 and 9. They lived in Los Angeles and had been married on August 24, 1934. On April 16, 1951, while the wife was still living in...

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