Johnston v. Commissioner
United States Tax Court
Held, where taxpayer in his return elected to take the standard deduction in lieu of specific deductions and on audit respondent added certain gambling gains to gross income, the election being irrevocable by statute, taxpayer may not revoke his election and claim specific deductions including gambling losses.
1Opinion of the Court
OPINION.
Van Fossan, Judge:
Respondent determined a deficiency of $141.90 and a negligence penalty of $7.10 in petitioner’s income tax for the taxable year 1949. The facts, with an insignificant exception, were stipulated substantially as follows:
During the year 1949, the petitioner, Robert Y. Johnston, was employed by the Phillips Petroleum Company with offices at 2185 Broadway, Denver^ Colorado. He was a salesman of products used by aviation companies. His wife, Jennie J. Johnston, had no separate income.
Petitioners filed a joint income tax return for the year 1949. Petitioners elected to…
2Cases cited2 opinions
- Warren v. CommissionerUnited States Tax Court · 1949
- Meyer v. CommissionerUnited States Tax Court · 1950
3Cited by15 opinions
- Gajewski v. CommissionerUnited States Tax Court · 1985
- Barba v. United StatesUnited States Court of Claims · 1983
- Sang J. Park v. CommissionerUnited States Tax Court · 2011
- Umstead v. CommissionerUnited States Tax Court · 1982
- LUTZ v. COMMISSIONERUnited States Tax Court · 2002
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