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ASHE v. C.I.R.

No. 14171.

288 F.2d 345 (1961)

William F. ASHE and Kathleen L. Ashe, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

March 29, 1961.

Attorney(s) appearing for the Case

David A. Johnston, Jr., Columbus, Ohio, for petitioners, George, Greek, King & McMahon, Columbus, Ohio, on the brief.

Sharon L. King, Washington, D. C., for respondent, Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Claron C. Spencer, Attys., Dept. of Justice, Washington, D. C., on the brief.

Before McALLISTER, Chief Judge, MARTIN and MILLER, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The taxpayer, William F. Ashe, and his former wife, Rosemary Ashe, were divorced on December 18, 1945, by a decree of the Court of Common Pleas, Cuyahoga County, Ohio. There were three children born of the marriage, one on April 11, 1941, one on August 27, 1942, and one on December 25, 1943. The decree incorporated a written agreement between the parties by which the taxpayer agreed to pay the wife the sum of $250.00 per month...

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