Legal Opinion

Straus v. Commissioner

United States Board of Tax Appeals

Decided April 6, 1933No. Docket No. 65091PublishedCited by 8 opinions

The deduction to which a taxpayer is entitled under section 23(n) of the Revenue Act of 1928 is the same amount, whether or not he elects to be taxed in accordance with section 101(a).

1Opinion of the Court

opinion.

Murdock :

The Commissioner determined a deficiency of $14,284.44 in the petitioner’s income tax for the calendar year 1929. The sole issue relates to the deduction to which the petitioner is entitled for charitable contributions. The parties filed a stipulation of facts as follows:

1. The petitioner, a resident of Baltimore, Maryland, had during the calendar year 1929 an “ ordinary net income,” of $43,079.90 as defined by section 101 (c) of the Revenue Act of 1928, but without any allowance of a deduction for contributions as provided by section 23 (n) of said Act. There were no items…

2Cited by8 opinions

  1. Pleasants v. United StatesUnited States Court of Claims · 1938
  2. Reese v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Fisher v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Wood v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Fisher v. CommissionerUnited States Board of Tax Appeals · 1934

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