Legal Opinion

Peek v. Commissioner

United States Tax Court

Decided February 26, 1980No. Docket No. 10650-78PublishedCited by 4 opinions

Held: Respondent's motion for summary judgment granted where stipulations revealed that charitable trust created by P was not to be treated as an organization described in sec. 501(c)(3), I.R.C. 1954, for the taxable year 1974 for failure to comply with the filing requirements for tax-exempt status. Contributions by P to the trust were therefore nondeductible. Sec. 508(d)(2)(B).

1Opinion of the Court

OPINION

Irwin, Judge:

This case is presently before the Court on respondent’s motion for summary judgment under Rule 121, Tax Court Rules of Practice and Procedure.

Respondent determined a deficiency of $1,385.15 in petitioner’s Federal income tax. The sole issue presented for decision is whether the petitioner is entitled to a charitable deduction in 1974 for an amount paid to a charitable trust which was not determined to be exempt from Federal income tax under section 501(c)(3)1 until 1976.

The parties have stipulated certain facts. These stipulations together with the exhibits attached…

2Cases cited8 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
  3. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  4. Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
  5. In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974

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3Cited by4 opinions

  1. Haberkorn v. CommissionerUnited States Tax Court · 1980
  2. Baustert v. CommissionerUnited States Tax Court · 1987
  3. Haberkorn v. CommissionerUnited States Tax Court · 1980
  4. Peek v. CommissionerUnited States Tax Court · 1980

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