Legal Opinion

Butler v. Commissioner

United States Tax Court

Decided November 11, 1975No. Docket No. 8138-73Published

On Apr. 30, 1963, petitioner Frank L. Butler transferred his medical office building to a bank, as trustee, for his minor children for a period of 11 years, and contemporaneously leased it back for the same period. At the termination of the trust, the building will pass to his wife, petitioner Cecelia F. Butler. Held, petitioners are not entitled to deductions under sec. 162(a)(3), I.R.C. 1954, for the rent paid to the trust during 1970 and 1971.

1Opinion of the Court

Frank L. Butler and Cecelia F. Butler, Petitioners v. Commissioner of Internal Revenue, Respondent

Butler v. Commissioner

Docket No. 8138-73

United States Tax Court

65 T.C. 327; 1975 U.S. Tax Ct. LEXIS 33;

November 11, 1975, Filed

Decision will be entered for the respondent.

On Apr. 30, 1963, petitioner Frank L. Butler transferred his medical office building to a bank, as trustee, for his minor children for a period of 11 years, and contemporaneously leased it back for the same period. At the termination of the trust, the building will pass to his wife, petitioner Cecelia F. Butler. Held,…

2Cases cited16 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Furman v. CommissionerUnited States Tax Court · 1966
  3. Irvine K. Furman and Lorena K. Furman v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1967
  4. Skemp v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1948
  5. I. L. Van Zandt and Ruth B. Van Zandt v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1965

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