Legal Opinion

Bayley v. Commissioner

United States Tax Court

Decided November 18, 1960No. Docket No. 64616PublishedCited by 78 opinions

1. Held, that petitioners' son, who was more than 19 years of age, did not qualify as a "full-time student at an educational institution," within the meaning of section 151(e) of the 1954 Code, during the period that he was employed as an intern at a hospital, following his graduation from medical school.

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1. Held, that petitioners' son, who was more than 19 years of age, did not qualify as a "full-time student at an educational institution," within the meaning of section 151(e) of the 1954 Code, during the period that he was employed as an intern at a hospital, following his graduation from medical school. Dependency deduction for said son is denied. 2. Held, that a new residence constructed by petitioners was not "used by the [taxpayers] as * * * [their] principal residence," within a period of 18 months beginning with the date of the sale of their old residence; and accordingly they are not…

1Opinion of the Court

Pierce, Judge:

The respondent determined a deficiency in petitioners’ income taxes for the calendar year 1954 in the amount of $1,266.90. The issues for decision are:

1. Was the petitioners’ son a “full-time student at an educational institution” during each, of 5 calendar months in the year 1954, within the meaning of section 151(e) of the Internal Revenue Code of 1954, so as to entitle petitioners to a dependency deduction with respect to such son for said year ?

2. Was a new home, constructed by the petitioners during 1955, used by them as their principal residence within a period of 18…

Also in this document: Dissent.

2Cases cited4 opinions

  1. British-American Tobacco Co. v. HelveringSupreme Court of the United States · 1934
  2. Commons v. CommissionerUnited States Tax Court · 1953
  3. Trisko v. CommissionerUnited States Tax Court · 1957
  4. Vischia v. CommissionerUnited States Tax Court · 1956

3Cited by78 opinions

  1. United States v. Leona M. Helmsley, Joseph v. Licari and Frank J. Turco, Leona M. HelmsleyCourt of Appeals for the Second Circuit · 1991
  2. Casey v. CommissionerUnited States Tax Court · 1962
  3. Pollack v. CommissionerUnited States Tax Court · 1966
  4. Stolk v. CommissionerUnited States Tax Court · 1963
  5. Reaver v. CommissionerUnited States Tax Court · 1964

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