T. J. Moss Tie Co. v. Commissioner
United States Tax Court
Petitioner contributed the amounts of $ 20,000, $ 15,000, and $ 10,000 in the respective taxable years 1944, 1945, and 1946 to an irrevocable Employees' Benefit Trust created for the purpose of extending financial assistance to certain of its needy employees and their beneficiaries in cases of sickness, injury or other disability, etc.
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Petitioner contributed the amounts of $ 20,000, $ 15,000, and $ 10,000 in the respective taxable years 1944, 1945, and 1946 to an irrevocable Employees' Benefit Trust created for the purpose of extending financial assistance to certain of its needy employees and their beneficiaries in cases of sickness, injury or other disability, etc. Held, the trust was organized and operated exclusively for charitable purposes, and the contributions petitioner made thereto are proper deductions from gross income to the extent such contributions, together with the other charitable contributions made by…
1Opinion of the Court
OPINION.
LeMure, Judge:
The issue presented is whether the amounts contributed by the petitioner to its Employees’ Benefit Trust in the respective taxable years involved are allowable deductions from its gross income.
The respondent contends that the trust in question is primarily a profit sharing and pension plan trust, and since the taxable years involved are subsequent to the amendment of section 23 (p) of the Internal Revenue Code by the Revenue Act of 1942, the amounts contributed can be deducted, if at all, only under that section. Tavannes Watch Co. v. Commissioner, 176 F. 2d 211; Times…
2Cases cited7 opinions
- Tavannes Watch Co. v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1949
- Eagan v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1930
- Times Publishing Co. v. CommissionerUnited States Tax Court · 1949
- Gimbel v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1931
- McDonnell Aircraft Corp. v. CommissionerUnited States Tax Court · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Waller v. CommissionerUnited States Tax Court · 1963
- Peters v. CommissionerUnited States Tax Court · 1953
- Estate of Carlson v. CommissionerUnited States Tax Court · 1953
- Chase v. CommissionerUnited States Tax Court · 1960
- Carlson v. CommissionerUnited States Tax Court · 1953
7 more not listed; retrieve them via the Exa API.