Gillespie Trust v. Commissioner
United States Tax Court
Held, 1. Oklahoma ad valorem taxes on real and personal property for the year 1946 are deductible under section 23 (c), Internal Revenue Code, where the petitioner acquired the property on July 19, 1946, and subsequently in that year paid the taxes in question. It is immaterial that Oklahoma taxes are assessed as of January 1, the controlling consideration being that by reason of 68 Okla.
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Held, 1. Oklahoma ad valorem taxes on real and personal property for the year 1946 are deductible under section 23 (c), Internal Revenue Code, where the petitioner acquired the property on July 19, 1946, and subsequently in that year paid the taxes in question. It is immaterial that Oklahoma taxes are assessed as of January 1, the controlling consideration being that by reason of 68 Okla. Stat. Ann., sec. 15.5, a lien attached to the property as against petitioner on October 1. 2. Tax Court does not have jurisdiction to determine that there has been an overpayment of taxes for a year for…
1Opinion of the Court
F. A. Gillespie Trust, Petitioner, v. Commissioner of Internal Revenue, Respondent
Gillespie Trust v. Commissioner
Docket No. 31437
United States Tax Court
21 T.C. 739; 1954 U.S. Tax Ct. LEXIS 292;
February 19, 1954, Promulgated
Decision will be entered under Rule 50.
Held, 1. Oklahoma ad valorem taxes on real and personal property for the year 1946 are deductible under section 23 (c), Internal Revenue Code, where the petitioner acquired the property on July 19, 1946, and subsequently in that year paid the taxes in question. It is immaterial that Oklahoma taxes are assessed as of January 1, the…
2Cases cited11 opinions
- Helvering v. StuartSupreme Court of the United States · 1942
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
- Magruder v. SuppleeSupreme Court of the United States · 1942
- MacGregor v. State Mutual Life Assurance Co.Supreme Court of the United States · 1942
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