Higgins v. Commissioner
United States Tax Court
Petitioner and his wife owned real estate in Pennsylvania by the entireties, and prior to 1946 he reported half of the income, and claimed half of the deduction for taxes and mortgage interest. For 1946 the taxes were paid by the company managing the rental of the property, and deducted from the net income remitted to the joint order of petitioner and wife. The net income for 1946 was deposited in the joint bank account of petitioner and wife.
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Petitioner and his wife owned real estate in Pennsylvania by the entireties, and prior to 1946 he reported half of the income, and claimed half of the deduction for taxes and mortgage interest. For 1946 the taxes were paid by the company managing the rental of the property, and deducted from the net income remitted to the joint order of petitioner and wife. The net income for 1946 was deposited in the joint bank account of petitioner and wife. By his check on that account petitioner paid the mortgage interest. Each reported for 1946 one-half of the net income from the property but petitioner…
1Opinion of the Court
OPINION.
Disney, Judge:
Is the petitioner entitled to deduct all or only oner-half of the real estate taxes and mortgage interest paid, as to Hiland Hall, owned by the entireties by himself and wife? We dispose at once of the taxes. They were not paid by the petitioner but were simply paid by the real estate company manager, the agent of both petitioner and his wife — out of rentals collected and the balance after expenses were paid was remitted to their joint order and was deposited in their joint bank account. It is crystal clear, therefore, that such bank account was therefore depleted as to…
2Cases cited5 opinions
- Corliss v. BowersSupreme Court of the United States · 1930
- Harrison v. SchaffnerSupreme Court of the United States · 1941
- O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
- Gasner v. PierceSupreme Court of Pennsylvania · 1926
- Jolson v. CommissionerUnited States Tax Court · 1944
3Cited by7 opinions
- Castaneda-Benitez v. CommissionerUnited States Tax Court · 1981
- Finney v. CommissionerUnited States Tax Court · 1976
- Shellito v. Comm'rUnited States Tax Court · 2010
- Brown v. Comm'rUnited States Tax Court · 2017
- Dawkins v. CommissionerUnited States Tax Court · 1991
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