Legal Opinion

Murphy v. Commissioner

United States Tax Court

Decided February 11, 1970No. Docket No. 2945-69SCPublishedCited by 38 opinions

Held, payment, based on ability to pay, by adoptive parents to an adoption agency, a qualified charitable organization under sec. 170(c), I.R.C. 1954, to effect the adoption of a child is not a charitable contribution within the meaning of sec. 170, I.R.C. 1954.

1Opinion of the Court

OPINION

The sole issue which we must decide is whether the $875 paid to the agency, a qualified charitable organization, during 1966 constituted a charitable contribution within the meaning of section 170.2

Petitioners argue that their payment to the adoption agency constituted a charitable contribution deductible under section 170, because (1) “it was based upon [Edward’s] income and was not in any way tied to expenses incurred or services rendered by [the agency] in [the] adoption,” (2) “[it] was a free-will gift,” and (8) “[t]he adoption of Amy Beth Murphy was not contingent upon [the]…

2Cases cited5 opinions

  1. Harold Dejong and Marjorie J. Dejong v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
  2. Channing v. United StatesDistrict Court, D. Massachusetts · 1933
  3. Estate of Wood v. CommissionerUnited States Tax Court · 1962
  4. McLaughlin v. CommissionerUnited States Tax Court · 1968
  5. McMillan v. CommissionerUnited States Tax Court · 1959

3Cited by38 opinions

  1. United States v. American Bar EndowmentSupreme Court of the United States · 1986
  2. Graham v. CommissionerCourt of Appeals for the Ninth Circuit · 1987
  3. Seed v. CommissionerUnited States Tax Court · 1971
  4. Robert L. Hernandez v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1987
  5. Scheidelman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 2012

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