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PIEL v. C. I. R.

No. 19, Docket 28852.

340 F.2d 887 (1965)

Gerard PIEL and Eleanor Jackson Piel, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided January 25, 1965.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City (Donner & Piel, New York City, of counsel), for petitioners.

Jeanine Jacobs, Department of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Robert N. Anderson, Department of Justice, Washington, D. C., of counsel), for respondent.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge.

Petitioners, Gerard Piel and Eleanor Jackson Piel, seek to review a decision of the Tax Court upholding a deficiency in their income tax for 1957. This case again presents the troublesome question whether a taxpayer may take as a tax deduction from yearly income under the alimony provisions of the Internal Revenue Code of 1954 premiums paid toward life insurance on his own life for the benefit of his former wife. The facts are not seriously in...

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