Duke v. Commissioner
United States Tax Court
Petitioners are citizens of the United States and residents of Mexico. During 1951 petitioner Gordon Duke received income from sources both within the United States and within Mexico. He paid income taxes to both countries. Held, petitioners are not entitled, under section 131, I.R.C. 1939, to credit the United States taxes with the full amount of the taxes paid to Mexico, since the limitation provided for in section 131(b)(1) limits the credit to a lesser amount.
1Opinion of the Court
OPINION.
ARUndell, Judge:
Respondent determined a deficiency in income tax for the calendar year 1951 in the amount of $221.64. Due to an alleged mathematical error, respondent, by motion duly granted, has made claim for an increased deficiency of $25.35, thus bringing the claimed deficiency to $246.99.
The only issue is the determination of the proper application under section 131 of the Internal Revenue Code of 19391 of the “Limit on Credit” in respect of income taxes paid by petitioners to Mexico during the taxable year 1951.
All of the facts have been stipulated and are hereby found…
2Cases cited3 opinions
- Burnet v. Chicago Portrait Co.Supreme Court of the United States · 1932
- Dexter v. CommissionerUnited States Board of Tax Appeals · 1942
- Hubbard v. United StatesUnited States Court of Claims · 1936
3Cited by10 opinions
- International Tel. & Tel. Corp. etc. v. CommissionerUnited States Tax Court · 1981
- Theo. H. Davies & Co. v. CommissionerUnited States Tax Court · 1980
- United States v. WoodmanseeDistrict Court, N.D. California · 1975
- Schering Corp. v. CommissionerUnited States Tax Court · 1978
- Anderson, Clayton & Co. v. DeWittCourt of Appeals of Arizona · 1973
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