U.S. Court of Appeals for the Fifth Circuit, 1971

Berwick C. O'brien, Sr. v. United States

Berwick C. O'brien, Sr. v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided April 13, 1971 · Morgan, Clark, Skelton, Claims
439 F.2d 1201; 27 A.F.T.R.2d (RIA) 1231; 1971 U.S. App. LEXIS 10769 (Federal Reporter, Second Series)

Berwick C. O'brien, Sr. v. United States

Opinion

PER CURIAM:

In this tax refund case, there was ample evidence to support the jury verdict that a portion of the amount paid by *1202 a husband to his wife pursuant to a property settlement agreement accompanying their divorce was properly attributable to her covenant not to compete in his business which was incorporated in the settlement agreement by the husband.

Neither do we find any error in the district court’s jury instructions or rulings on the admissibility of evidence.

Nothing remains, then, but to direct that the judgment of the district court be and is hereby

Affirmed.

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