Harold C. Holloway and Sally B. Holloway v. United States

Good Law
428 F.2d 140·26 A.F.T.R.2d (RIA) 5034·1970 U.S. App. LEXIS 8556
United States Court of Appeals for the Ninth CircuitJune 23, 197023515_1California844 words

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.

The District Director disallowed the deduction and assessed a…

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