Legal Opinion

McGuire v. Commissioner

United States Tax Court

Decided October 7, 1981No. Docket No. 4735-80PublishedCited by 21 opinions

Husband and wife claimed a dependency exemption for the husband's son by a previous marriage. Petitioners secured health insurance covering the son. Petitioners claimed that proceeds from the health insurance policy, in addition to the premiums paid for the coverage, should be included in the sec. 152 support computation. Held: Premiums must be included in the sec. 152 support computation but proceeds must be excluded from the calculation.

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Husband and wife claimed a dependency exemption for the husband's son by a previous marriage. Petitioners secured health insurance covering the son. Petitioners claimed that proceeds from the health insurance policy, in addition to the premiums paid for the coverage, should be included in the sec. 152 support computation. Held: Premiums must be included in the sec. 152 support computation but proceeds must be excluded from the calculation. Consequently, petitioners were not entitled to the dependency exemption. Petitioners also claimed depreciation and expense deductions for an unfinished…

1Opinion of the Court

Nims, Judge-.

Respondent determined deficiencies in petitioners’ income tax for the years 1977 and 1978, in the respective amounts of $457 and $170.1 Concessions having been made by the petitioners, the issues remaining for decision are: (1) Whether petitioners are entitled to a dependency exemption for the support of Robert McGuire in the year 1977; and (2) whether petitioners are entitled to deductions in 1977 and 1978 for depreciation and remodeling expenses for an unfinished rental unit which the petitioners never rented and never held out for rent.

FINDINGS OF FACT

Dependency .Exemption

Some…

2Cases cited24 opinions

  1. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  2. Dixon v. United StatesSupreme Court of the United States · 1965
  3. Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  4. Estate of Emerson v. CommissionerUnited States Tax Court · 1977
  5. Goodwin v. CommissionerUnited States Tax Court · 1980

19 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Crocker v. CommissionerUnited States Tax Court · 1989
  2. Jones v. CommissionerUnited States Tax Court · 1988
  3. Gardner v. CommissionerUnited States Tax Court · 1987
  4. Cafarelli v. CommissionerUnited States Tax Court · 1994
  5. Harris He Wang v. Comm'rUnited States Tax Court · 2014

16 more not listed; retrieve them via the Exa API.

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