MAVITY v. C. I. R.

No. 223, Docket 29107.

341 F.2d 865 (1965)

David MAVITY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided February 26, 1965.


Attorney(s) appearing for the Case

Edmund C. Grainger, Jr., New York City (O'Brien, Driscoll & Raftery, New York City, on the brief), for petitioner.

Edward L. Rogers, Attorney, Department of Justice, Washington, D. C., (Louis F. Oberdorfer, Ass't. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attorneys, Dep't of Justice, on the brief), for respondent.

Before LUMBARD, Chief Judge, WATERMAN and HAYS, Circuit Judges.


HAYS, Circuit Judge.

Petitioner seeks review of a decision of the Tax Court disallowing a deduction of $8,600 paid in 1958 for the support of his wife.

The stipulation of facts upon which the Tax Court based its decision shows that petitioner and his wife were married in 1931 and ceased living together in 1939. In 1949 the petitioner wrote his wife stating that he would "undertake to place in your account, beginning August 1st, [1949] $300 each month, which...

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