Legal Opinion

McLaughlin v. Commissioner

United States Tax Court

Decided November 4, 1968No. Docket No. 3061-67PublishedCited by 24 opinions

Held, petitioners' payments of tuition to an educational organization within sec. 170(c)(2)(B) are not deductible as charitable contributions. Harold DeJong, 36 T.C. 896 (1961), affd. 309 F. 2d 373 (C.A. 9, 1962), followed.

1Opinion of the Court

opinion

Irwin, Judge:

Respondent assessed a deficiency in petitioners’ income tax for the 1964 in the amount of $511.65. Since petitioners did not raise any issue as to respondent’s disallowance of a casualty loss in their petition and expressly conceded it at the trial, the only issue presented is whether their payments in 1964 of $1,526 to the Sisters of Divine Providence as tuition payments for their five children qualifies as a deductible charitable contribution.

The parties stipulated all the facts and an exhibit which are incorporated herein by this reference.

Petitioners, James A.…

2Cases cited3 opinions

  1. Burnet v. HarmelSupreme Court of the United States · 1932
  2. Harold Dejong and Marjorie J. Dejong v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
  3. Channing v. United StatesDistrict Court, D. Massachusetts · 1933

3Cited by24 opinions

  1. Seed v. CommissionerUnited States Tax Court · 1971
  2. Sutton v. CommissionerUnited States Tax Court · 1971
  3. Fausner v. CommissionerUnited States Tax Court · 1971
  4. Murphy v. CommissionerUnited States Tax Court · 1970
  5. Grinslade v. CommissionerUnited States Tax Court · 1973

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