infallible test (Pennsylvania) · Go Syfert
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infallible test in Pennsylvania

10 Pennsylvania opinions name it 2 courts 1965–2024 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Millergreen
pasuperct · 1964 · cited in 9 Pennsylvania opinions naming this issue, 1965–2024
2 sentences

2024The determination of Father’s monthly net income, i.e., available cash flow for meeting child support obligations, would, as discussed supra, necessitate a calculation of Father’s wages, as well as his monthly net income from his business enterprise without taking into consideration certain allowable deductions provided by the Federal Income Tax Code, i.e., depreciation expenses.8 See Miller, 198 A.2d at 375 (stating, “[t]he net income of a [parent] as shown on income tax returns is not to be accepted in a support case as the infallible test of his[, or her,] earning capacity”).

1981The above principle was again affirmed in Commonwealth v. Miller, 202 Pa.Super. 573 , 198 A.2d 373 at 375 (1964), The net income of a defendant as shown on income tax returns is not to be accepted in a support case as the infallible test of his earning capacity.

69
Murphy v. Murphygreen
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Particularly is this true where the defendant is in business for himself and is allowed substantial business ‘expenses,’ items of depreciation and sundry other deductions which enable him to live luxuriously before spending his taxable income.” Murphy v. Murphy, 599 A.2d 647, 651 (Pa. Super. 1991) (citations omitted). -6- J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth ex rel. Gitman v. Gitman green
pa · 1967
2 sentences

1976Gitman v. Gitman, 428 Pa. 387 , 237 A.2d 181 (1968); Commonwealth ex rel.

1976Gitman v. Gitman, 428 Pa. 387 , 237 A.2d 181 (1968); Commonwealth ex rel.

11976–1976
Hecht v. Hecht green
pasuperct · 1959
2 sentences

1973Hecht v. Hecht, 189 Pa. Superior Ct. 276 , 150 A. 2d 139 (1959); Fishman, supra. “The net income of a defendant as shown on income tax returns is not to be accepted in a support case as the infallible test of his earning capacity.

1973Hecht v. Hecht, 189 Pa. Superior Ct. 276 , 150 A. 2d 139 (1959); Fishman, supra. “The net income of a defendant as shown on income tax returns is not to be accepted in a support case as the infallible test of his earning capacity.

11973–1973

Where else courts name it

IA 11 (1889–1979) PA 10 (1965–2024) SD 7 (1939–1999) CO 6 (1935–1989) GA 6 (1899–1960) OK 6 (1915–1983) TN 5 (1970–1981) MO 4 (1890–1971) MI 4 (1958–1979) CA 4 (1908–1947) NC 3 (1918–2020) KS 2 (1913–1975) MS 2 (1898–1930) TX 2 (1942–1950)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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