Wolfe v. Commissioner
United States Tax Court
The petitioners, together with the majority of the other residents and property owners in a housing subdivision, entered into a contract with a contractor to install water and sewer lines in their subdivision, each paying a proportionate amount of the cost.
Read the full summary
The petitioners, together with the majority of the other residents and property owners in a housing subdivision, entered into a contract with a contractor to install water and sewer lines in their subdivision, each paying a proportionate amount of the cost. This was done with the concurrence of the board of aldermen of the village of which the subdivision was a part, and when the lines were completed they were, in accordance with the agreement with the village, transferred to the village which undertook to maintain and operate the water and sewer system for the benefit of any participants who…
1Opinion of the Court
OECNION
The only issue presented is whether the petitioners are entitled to deduct for the taxable year 1962 as a charitable contribution under section 170 of the Internal Eevenue Code of 1954,1 the amount of $1,560 representing the value of their interest in a water and selwer system, which was transferred to the village in that year.
The respondent concedes that the village is, within the meaning of the statute, a political subdivision of the State of Texas, but contends that the transfer does not qualify under the statute because it was not a “contribution or gift.” He argues that the…
2Cases cited12 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Commissioner v. LoBueSupreme Court of the United States · 1956
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Harold Dejong and Marjorie J. Dejong v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Foster v. Comm'rUnited States Tax Court · 1983
- Elrod v. CommissionerUnited States Tax Court · 1986
- Osborne v. CommissionerUnited States Tax Court · 1986
- Harcourt v. CommissionerUnited States Tax Court · 1982
7 more not listed; retrieve them via the Exa API.