Legal Opinion

Sarmiento v. Commissioner

United States Tax Court

Decided May 26, 1953No. Docket No. 40773Published

Credit for Dependents -- Nonresident Alien Minor Children -- Section 25 (b) (3). -- The taxpayer, a naturalized citizen, is not entitled to credit for his alien minor children who resided throughout the taxable year in the Philippine Islands, a country not contiguous to the United States.

1Opinion of the Court

Pedro and Crescenciana Sarmiento, Petitioner, v. Commissioner of Internal Revenue, Respondent

Sarmiento v. Commissioner

Docket No. 40773

United States Tax Court

20 T.C. 446; 1953 U.S. Tax Ct. LEXIS 145;

May 26, 1953, Promulgated

Decision will be entered under Rule 50.

Credit for Dependents -- Nonresident Alien Minor Children -- Section 25 (b) (3). -- The taxpayer, a naturalized citizen, is not entitled to credit for his alien minor children who resided throughout the taxable year in the Philippine Islands, a country not contiguous to the United States.

Pedro Sarmiento, pro se.

Nathan M. Silverstein,…

2Cases cited6 opinions

  1. Cabebe v. Acheson, Secretary of StateCourt of Appeals for the Ninth Circuit · 1950
  2. United States ex rel. Patton v. TodCourt of Appeals for the Second Circuit · 1924
  3. United States ex rel. Betty v. DayCourt of Appeals for the Second Circuit · 1928
  4. Gitter v. CommissionerUnited States Tax Court · 1949
  5. Hookless Fastener Co. v. Lion Fastener, Inc.Court of Appeals for the Third Circuit · 1936

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