Legal Opinion

Fink v. Commissioner

United States Tax Court

Decided September 10, 1973No. Docket No. 619-71Published

Petitioners, residents of Washington, were present in a foreign country for more than the requisite 18 months (sec. 911(a)(2), I.R.C. 1954) while husband served in the U.S. Navy. They excluded half of his Navy salary in 1965 and 1966 and such exclusions were disallowed by the Commissioner. Court of Claims has held that the determination for 1965 was not unconstitutional, Fink v. United States, 454 F. 2d 1387 (Ct.

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Petitioners, residents of Washington, were present in a foreign country for more than the requisite 18 months (sec. 911(a)(2), I.R.C. 1954) while husband served in the U.S. Navy. They excluded half of his Navy salary in 1965 and 1966 and such exclusions were disallowed by the Commissioner. Court of Claims has held that the determination for 1965 was not unconstitutional, Fink v. United States, 454 F. 2d 1387 (Ct. Cl. 1972), certiorari denied 409 U.S. 844 (1972). As to 1966 petitioners now argue that disallowance is unconstitutional because, (1) it constitutes a violation of the uniformity of…

1Opinion of the Court

Edward R. Fink and Joan O. Fink, Petitioners v. Commissioner of Internal Revenue, Respondent

Fink v. Commissioner

Docket No. 619-71

United States Tax Court

60 T.C. 867; 1973 U.S. Tax Ct. LEXIS 62; 60 T.C. No. 92;

September 10, 1973, Filed

Decision will be entered for the respondent.

Petitioners, residents of Washington, were present in a foreign country for more than the requisite 18 months (sec. 911(a)(2), I.R.C. 1954) while husband served in the U.S. Navy. They excluded half of his Navy salary in 1965 and 1966 and such exclusions were disallowed by the Commissioner. Court of Claims has held that…

2Cases cited15 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Cromwell v. County of SacSupreme Court of the United States · 1877
  3. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  4. Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
  5. James Talcott, Inc. v. Allahabad Bank, Ltd.Court of Appeals for the Fifth Circuit · 1971

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