DIEZ-ARGUELLES V. COMMISSIONER 48 T.C.M. 496 (1984) CASE BRIEF

DIEZ-ARGUELLES V. COMMISSIONER
48 T.C.M. 496 (1984)
NATURE OF THE CASE: This was a dispute over child support non-payment and the treatment of it as bad debt. Diez-Arguelles (P) sought review of a deficiency for disallowing deductions for child support arrearages.
FACTS: Cristina (P) was divorced from her husband, Baxter (H), and was granted custody of her two minor children. H agreed to pay $300 per month child support and he failed to make full payment of those obligations from 1972-78. He was in arrears by $4,325 and by the end of 1979 he was in arrears another additional $3,000. On their 1978 return, P treated the $4,325 as a non-business bad debt and deducted that amount from gross income as a short-term capital loss. P did the same in 1979 with the $3,000. The deductions were disallowed. P diligently attempted to collect the monies.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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