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
OPINION.
Baum, Judge:
The respondent determined a deficiency in petitioner’s income tax for the year 1948 in the amount of $728.80. He also determined that there was an overassessment in petitioner’s income tax for 1946 in the amount of $654.79 but that the petitioner was not entitled to a refund of an addition to tax, in the. amount of $163.70, which had been previously assessed under the provisions of section 291 (a) of the Internal Kevenue Code because of the late filing of petitioner’s income tax return for 1946. The facts have been stipulated and are found accordingly.
1. The principal…
2Cases cited9 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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3Cited by20 opinions
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- Ciba Pharmaceutical Products, Inc. v. CommissionerUnited States Tax Court · 1960
- Asthmanefrin Co. v. CommissionerUnited States Tax Court · 1956
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