Legal Opinion

Delp v. Commissioner

United States Tax Court

Decided September 17, 1958No. Docket Nos. 66034, 66035, 66036PublishedCited by 8 opinions

1. Payments in the amount of $ 1,600 per year made by each of the petitioners to their brother, Charles Delp, during the years in issue represent personal expenditures arising out of a contractual obligation to compensate Charles Delp for loss of income from a partnership and are therefore nondeductible. 2. The cost of installing a dust elimination system in petitioners' residence is not deductible as a medical expense under section 213, I. R. C. 1954.

1Opinion of the Court

Withey, Judge:

Respondent has determined deficiencies in petitioners’ income tax for the years and in the amounts as follows:

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The issues presented for our determination are the correctness of the respondent’s action in determining (1) that the payments in the amount of $1,600 per year made by each of the petitioners to their brother, Charles Delp, during the years in issue, were nondeductible expenditures and (2) that the cost of installing a dust elimination system in the residence of petitioners, Frank S. and Edna Delp, is not deductible as a medical expense.

GENERAL FINDINGS OF…

2Cases cited2 opinions

  1. Hayne v. CommissionerUnited States Tax Court · 1954
  2. Edna G. Hollander v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1955

3Cited by8 opinions

  1. Bilder v. CommissionerUnited States Tax Court · 1959
  2. Gerard v. CommissionerUnited States Tax Court · 1962
  3. Bilder v. CommissionerUnited States Tax Court · 1959
  4. Delp v. CommissionerUnited States Tax Court · 1958
  5. Flett v. CommissionerUnited States Tax Court · 1960

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