SECHREST v. UNITED STATES

No. 73-1292.

490 F.2d 102 (1974)

Darrell L. SECHREST and Evelyn F. Sechrest, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1974.


Attorney(s) appearing for the Case

Elmer J. Kelsey, Atty., Tax Div., U. S. Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Dennis M. Donohue, Attys., Tax Div., U. S. Dept. of Justice, and William L. Osteen, U. S. Atty., on brief), for appellant.

William W. Jordan, Greensboro, N. C. (Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., on brief), for appellees.

Before BUTZNER, FIELD and WIDENER, Circuit Judges.


FIELD, Circuit Judge:

The Government appeals from a decision of the district court that a lump sum payment of $9,000 made by Darrell L. Sechrest (Darrell), one of the taxpayers, to his former wife was a "periodic" payment within the meaning of Section 71(a) of the Internal Revenue Code of 1954 (26 U.S.C.) and was therefore deductible under Section 215 of the Code.

The facts, fully stipulated, may be summarized as follows: Darrell and Barbara Sechrest (Barbara...

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