Gagne v. Commissioner
United States Tax Court
1. Charitable contribution made subject to donee's compliance with certain conditions held deductible in year donee agreed to so comply and accepted the contribution. 2. The tax for the year 1943 imposed by Chapter 1 of the Internal Revenue Code includes the increase in tax for that year occasioned by section 6 of the Current Tax Payment Act of 1943 for the purpose of computing the 90 per cent victory tax limitation prescribed by section 456 of the Code.
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1. Charitable contribution made subject to donee's compliance with certain conditions held deductible in year donee agreed to so comply and accepted the contribution. 2. The tax for the year 1943 imposed by Chapter 1 of the Internal Revenue Code includes the increase in tax for that year occasioned by section 6 of the Current Tax Payment Act of 1943 for the purpose of computing the 90 per cent victory tax limitation prescribed by section 456 of the Code. Guest v. Commissioner, 175 Fed. (2d) 868, followed.
1Opinion of the Court
OPINION.
Arundeld, Judge:
The principal question before us is whether the contribution to the Carlisle Hospital was paid in the taxable year 1942 as contended by respondent or in the taxable year 1943 as contended by petitioner. Petitioner seeks a deduction for this contribution under section 23 (o)1 which, as amended by the Revenue Act of 1938, allows as a deduction in computing net income of an individual only those “contributions or gifts payment of which is made within the taxable year.” Regulations 111, section 29.23 (o) -l.2
It is essential to a gift inter vivos that it be given…
2Cases cited3 opinions
- Spiegel v. CommissionerUnited States Tax Court · 1949
- Marx v. CommissionerUnited States Tax Court · 1949
- Guest v. CommissionerUnited States Tax Court · 1948
3Cited by5 opinions
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Estate of Whitt v. CommissionerUnited States Tax Court · 1983
- Gagne v. CommissionerUnited States Tax Court · 1951
- Owens v. CommissionerUnited States Tax Court · 1981
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980