Grynberg v. Commissioner
United States Tax Court
On their joint Federal income tax returns for 1974 and 1975, the taxpayers made elections under sec. 170(b)(1)(D)(iii) I.R.C. 1954, for purposes of determining their charitable contribution deductions. After adjustments were made by the Commissioner concerning unrelated items for those years, the taxpayers attempted to revoke their elections. Held, the doctrine of election precludes the taxpayers from revoking the elections made on their returns as filed.
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On their joint Federal income tax returns for 1974 and 1975, the taxpayers made elections under sec. 170(b)(1)(D)(iii) I.R.C. 1954, for purposes of determining their charitable contribution deductions. After adjustments were made by the Commissioner concerning unrelated items for those years, the taxpayers attempted to revoke their elections. Held, the doctrine of election precludes the taxpayers from revoking the elections made on their returns as filed. During the years 1974 through 1979, cash basis taxpayers made prepayments, in each December, of delay rental on oil and gas leases due in…
1Opinion of the Court
Swift, Judge:
In these consolidated cases respondent determined deficiencies in petitioners’ Federal income taxes as follows:
Year Deficiency Year Deficiency
1974 . $82,814 1977 . $214,745
1975 . 139,461 1978 . 92,550
1976 . 262,981 1979 . 8,215
The parties have reached a partial settlement, and the only issues for decision are (1) whether petitioners can revoke their elections under section lYCKbXlXDXiii)1 for 1974 and 1975 with respect to their charitable contributions of capital gain property, and (2) whether deductions claimed by petitioners for advance payments of delay rental on oil and gas…
2Cases cited32 opinions
- Pacific National Co. v. WelchSupreme Court of the United States · 1938
- Reaver v. CommissionerUnited States Tax Court · 1964
- G. Douglas Burck and Marjorie W. Burck v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976
- Bayley v. CommissionerUnited States Tax Court · 1960
- Van Raden v. CommissionerUnited States Tax Court · 1979
27 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Prabel v. CommissionerUnited States Tax Court · 1988
- Fischer Industries, Inc. v. CommissionerUnited States Tax Court · 1986
- J. A. Tobin Constr. Co. v. CommissionerUnited States Tax Court · 1985
- Williams v. CommissionerUnited States Tax Court · 1990
- Orin R. Woodbury and Imogene R. Woodbury v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1990
17 more not listed; retrieve them via the Exa API.