Legal Opinion

Galloway v. Comm'r

United States Tax Court

Decided October 10, 2017No. Docket No. 8170-14Published

On their 2011 Federal income tax return, Ps claimed a $7,500 credit under I.R.C. sec. 25A for expenses related to their children's postsecondary education.

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On their 2011 Federal income tax return, Ps claimed a $7,500 credit under I.R.C. sec. 25A for expenses related to their children's postsecondary education. Petitioners failed to carry from Form 8863 to Form 1040 the $4,500 nonrefundable portion of the credit, claiming on Form 1040 only the $3,000 refundable portion, which reduced the tax shown on the return from $6,984 to $3,984. In processing Ps' return, R adjusted Ps' tax liability to take into account the $4,500 nonrefundable portion of the credit and refunded to Ps $4,500 more than the amount they had requested. After examination R…

1Opinion of the Court

JAMES M. GALLOWAY AND SARAH M. GALLOWAY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Galloway v. Comm'r

Docket No. 8170-14

United States Tax Court

2017 U.S. Tax Ct. LEXIS 53; 149 T.C. No. 19;

October 10, 2017, Filed

Decision will be entered for respondent.

On their 2011 Federal income tax return, Ps claimed a $7,500 credit under I.R.C. sec. 25A for expenses related to their children's postsecondary education. Petitioners failed to carry from Form 8863 to Form 1040 the $4,500 nonrefundable portion of the credit, claiming on Form 1040 only the $3,000 refundable portion, which reduced…

2Cases cited7 opinions

  1. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  2. Rolfs v. CommissionerCourt of Appeals for the Seventh Circuit · 2012
  3. Sadler v. CommissionerUnited States Tax Court · 1999
  4. Indianapolis Life Insurance Company and Subsidiary v. United StatesCourt of Appeals for the Seventh Circuit · 1997
  5. Rand v. Comm'rUnited States Tax Court · 2013

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