¶1dissenting: The question and the conclusion here is, as indicated by the majority opinion, the same as discussed in Norman Taurog, 11 T. C. 1016. It is, therefore, unnecessary, in dissenting from the majority view here, to do more than refer to the dissenting opinion there filed, also to refer to dissent, on the same point, in Edward B. McLean, 11T. C. 543. In my opinion, adherence to views expressed in Herbert Jones, 1 T. C. 1207, prior to Merrill v. Fahs, 324 U. S. 308, and Commissioner v. Wemyss, 324 U. S. 303, and in cases following the Jones case, is wholly unwarranted since the promulgation of the views of the Supreme Court. I respectfully dissent.
11 T.C. 1051
Harding v. Commissioner
Decided December 22, 1948
United States Tax Court · decided 1948-12-22
Petitioner and wife agreed to separate, and that he pay her $ 350,000 cash, plus $ 5,000 per annum for approximately one year and thereafter one-fourth of his spendable income, as defined, until she… Held: that the payment of $ 350,000 to the wife was a transfer for an adequate and full consideration in money or money's worth and was not a gift.
Relies on Commissioner v. Wemyss · Merrill v. Fahs · Jones v. Commissioner
Good law ✅— No negative treatment on recordhow we know
Decision will be entered for the petitioner · Decided 1948-12-22
How this case has been cited
Cited by 3 later decisions — most recently June 1969
2 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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