Legal Opinion

Ostrow v. Comm'r

United States Tax Court

Decided May 21, 2004No. 6325-03Published

Petitioner wife was a tenant-stockholder in a cooperative housing corporation. Tenant-stockholders may deduct their proportionate share of real estate taxes paid by a cooperative housing corporation of which they are stockholders. Sec. 216(a)(1), I.R.C.

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Petitioner wife was a tenant-stockholder in a cooperative housing corporation. Tenant-stockholders may deduct their proportionate share of real estate taxes paid by a cooperative housing corporation of which they are stockholders. Sec. 216(a)(1), I.R.C. Petitioner wife's proportionate share of real estate taxes paid by the cooperative housing corporation was $ 10,489. Petitioners deducted $ 10,489 (1) from adjusted gross income for regular tax purposes and (2) in computing alternative minimum taxable income for alternative minimum tax purposes. Held: A deduction under sec. 216(a)(1), I.R.C.,…

1Opinion of the Court

LAUREN OSTROW AND JOSEPH TEIGER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Ostrow v. Comm'r

No. 6325-03

United States Tax Court

122 T.C. 378; 2004 U.S. Tax Ct. LEXIS 21; 122 T.C. No. 21;

May 21, 2004, Filed

Deduction allowed under section 216(a)(1) for petitioner wife's share of real estate taxes paid by cooperative housing corporation did not reduce alternative minimum taxable income.

Petitioner wife was a tenant-stockholder in a cooperative

housing corporation. Tenant-stockholders may deduct their

proportionate share of real estate taxes paid by a cooperative

housing corporation of…

2Cases cited12 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  3. Commissioner v. BilderSupreme Court of the United States · 1962
  4. Bowles v. Glick Bros. Lumber Co.Court of Appeals for the Ninth Circuit · 1945
  5. Commissioner of Internal Revenue v. Robert M. And Sally L. Bilder. Robert M. And Sally L. Bilder v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1961

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