Harold C. Holloway and Sally B. Holloway v. United States
Opinion
Opinion
Powell, J.
Appellants, Mr. and Mrs. Harold C. Holloway, appeal from a judgment of the District Court dismissing their complaint for a tax refund in the amount of $8,294.-76. This Court has jurisdiction under 28 U.S.C. § 1291 .
In December of 1953 Mr. Holloway and his former wife, Dona Holloway (now Dona Lichtenfield), executed a property settlement agreement. That agreement provided in pertinent part:
In May of 1955 Harold and Dona Holloway were granted a decree of divorce.
By 1964 payments from Mr. Holloway were over $100,000 in arrears under the aforementioned agreement. Dona Lichtenfield’s attorney wrote Mr. Holloway three letters concerning the delinquency. The last was dated September 22, 1964, and stated in substance:
Following this letter the parties held a meeting and reached an understanding modifying their original property settlement agreement. The modification in pertinent part provided:
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RECITALS
In December of 1964 the parties executed the modified agreement and Mr. Holloway paid the first of three $15,000 installments. This amount was claimed by him as a deduction in his 1964 tax return.