Legal Opinion

Hendrick v. Commissioner

United States Tax Court

Decided March 31, 1961No. Docket No. 81690Published

1. Commissioner's determination of basis for depreciation of portion of personal residence converted to rental property sustained where petitioner failed to establish fair market value of building at date of partial conversion or that amount spent in conversion was not for work on the portion retained as a personal residence as well as portion converted to rental property. 2. Attorneys fees paid to obtain admission to probate of copy of will, the original of which could not…

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1. Commissioner's determination of basis for depreciation of portion of personal residence converted to rental property sustained where petitioner failed to establish fair market value of building at date of partial conversion or that amount spent in conversion was not for work on the portion retained as a personal residence as well as portion converted to rental property. 2. Attorneys fees paid to obtain admission to probate of copy of will, the original of which could not be located, are not deductible as expenses for the production of income or the management, conservation, or maintenance…

1Opinion of the Court

Hobart J. Hendrick and Mary B. Hendrick, Petitioners, v. Commissioner of Internal Revenue, Respondent

Hendrick v. Commissioner

Docket No. 81690

United States Tax Court

35 T.C. 1223; 1961 U.S. Tax Ct. LEXIS 192;

March 31, 1961, Filed

Decision will be entered under Rule 50.

1. Commissioner's determination of basis for depreciation of portion of personal residence converted to rental property sustained where petitioner failed to establish fair market value of building at date of partial conversion or that amount spent in conversion was not for work on the portion retained as a personal residence as…

2Cases cited9 opinions

  1. Bowers v. LumpkinCourt of Appeals for the Fourth Circuit · 1944
  2. Daniel S. W. Kelly v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1956
  3. Kelly v. CommissionerUnited States Tax Court · 1955
  4. Coughlin v. CommissionerUnited States Tax Court · 1944
  5. Hendrick v. CommissionerUnited States Tax Court · 1961

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