Legal Opinion

Willmore v. Commissioner

United States Board of Tax Appeals

Decided February 6, 1930No. Docket No. 32850Published

RETURNS - HUSBAND AND WIFE. - Under the laws of Florida profits derived from the sale of real estate, purchased in whole or in part with funds of the wife, constitute her separate estate to the extent of her proportionate part thereof, and, when such profits have been reported by the wife in her individual return, they may not thereafter be taxed to the husband. Jerry Galatis,8 B.T.A. 213, followed.

1Opinion of the Court

THOMAS F. WILLMORE, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Willmore v. Commissioner

Docket No. 32850.

United States Board of Tax Appeals

18 B.T.A. 1044; 1930 BTA LEXIS 2539;

February 6, 1930, Promulgated

RETURNS - HUSBAND AND WIFE. - Under the laws of Florida profits derived from the sale of real estate, purchased in whole or in part with funds of the wife, constitute her separate estate to the extent of her proportionate part thereof, and, when such profits have been reported by the wife in her individual return, they may not thereafter be taxed to the husband. Jerry…

2Cases cited2 opinions

  1. Galatis v. CommissionerUnited States Board of Tax Appeals · 1927
  2. Willmore v. CommissionerUnited States Board of Tax Appeals · 1930

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