NEWBERRY v. COMMISSIONER

Docket No. 4221-69SC.

29 T.C.M. 1086 (1970)

T.C. Memo. 1970-248

Paula Newberry v. Commissioner.

United States Tax Court.

Filed August 31, 1970.


Attorney(s) appearing for the Case

Paula Newberry, pro se, 10 Holden Place, Forest Hills, N. Y. Joseph F. Lynch, for the respondent.


Memorandum Findings of Fact and Opinion

SIMPSON, Judge:

The respondent determined a deficiency of $707.60 in the petitioner's 1966 Federal income tax. The issue for decision is whether support payments made to the petitioner by her husband pursuant to a State court decree awarding such payments for her support only are taxable to her where there has been neither a decree of divorce or of separate maintenance, nor a written separation agreement.

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