Legal Opinion

Taylor v. Commissioner

United States Tax Court

Decided November 6, 1978No. Docket No. 3446-76Published

Petitioner claimed a moving expense deduction for expenses of returning from military service to the school where he was to complete work on his Ph.D. Held, as a student, petitioner is not an employee within the meaning of sec. 217(c)(2) and, therefore, any deduction claimed for the expenses of such a move must be disallowed.

1Opinion of the Court

Benjamin Taylor, Jr., Petitioner v. Commissioner of Internal Revenue, Respondent

Taylor v. Commissioner

Docket No. 3446-76

United States Tax Court

71 T.C. 124; 1978 U.S. Tax Ct. LEXIS 36;

November 6, 1978, Filed

Decision will be entered for the respondent.

Petitioner claimed a moving expense deduction for expenses of returning from military service to the school where he was to complete work on his Ph.D. Held, as a student, petitioner is not an employee within the meaning of sec. 217(c)(2) and, therefore, any deduction claimed for the expenses of such a move must be disallowed.

Benjamin Taylor, Jr.,…

2Cases cited5 opinions

  1. United States v. W. M. Webb, Inc.Supreme Court of the United States · 1970
  2. Pennsylvania Casualty Co. v. ElkinsDistrict Court, E.D. Kentucky · 1947
  3. Hartung v. CommissionerUnited States Tax Court · 1970
  4. Weaver v. WeinbergerDistrict Court, S.D. West Virginia · 1975
  5. Taylor v. CommissionerUnited States Tax Court · 1978

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