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SCHATTEN v. UNITED STATES

No. 83-5503.

746 F.2d 319 (1984)

Joan S. SCHATTEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 5, 1984.

Attorney(s) appearing for the Case

Joseph Gibbs (argued), Boult, Cummings, Conners & Berry, Nashville, Tenn., for plaintiff-appellant.

Robert E. Rice, Trial Atty., Bruce Ellisen (argued), Tax Div., Civil Section, U.S. Dept. of Justice, Washington, D.C., Joe B. Brown, U.S. Atty., Nashville, Tenn., Glenn L. Archer, Jr. (LEAD), Asst. Atty. Gen., Michael L. Paup, Michael J. Roach, Chief, Appellate Section Tax Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before EDWARDS and CONTIE, Circuit Judges, and BALLANTINE, District Judge.

PER CURIAM.

Joan Schatten appeals from a district court decision, 563 F.Supp. 294, holding that certain payments being received by Schatten from her ex-husband pursuant to a divorce settlement agreement are taxable as ordinary income. We affirm.

Emanuel and Joan Schatten were married in 1954. Although the couple had virtually no assets at the time of the marriage, Mr. Schatten's real estate business subsequently became...

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