Legal Opinion
Brooke v. United States
District Court, D. Montana
Decided August 6, 1968No. Civ. 1513PublishedCited by 3 opinions
1Opinion of the Court
OPINION
RUSSELL E. SMITH, Chief Judge.
I have concluded that the rent paid the guardianship is deductible as a necessary business expense and that the taxpayer should be charged with the amounts distributed to the children by the guardionship. I reach each of these conclusions because I believe that they are in accord with the realities and are not forbidden either by statute or controlling decision.
THE DEDUCTION OF RENT
The statutes do not prohibit interfamily gift and lease back arrangements. Some decisions specifically approve them. Skemp v. C. I. R., 168 F.2d 598 (7th Cir. 1948); Brown v. C.…
2Cases cited8 opinions
- Skemp v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1948
- Brown v. Commissioner of Internal Revenue (Two Cases)Court of Appeals for the Third Circuit · 1950
- I. L. Van Zandt and Ruth B. Van Zandt v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1965
- White v. Fitzpatrick, Collector of Internal RevenueCourt of Appeals for the Second Circuit · 1951
- In re Allard GuardianshipMontana Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- C. P. And Helen Brooke v. United StatesCourt of Appeals for the Ninth Circuit · 1972
- Brooke v. United StatesDistrict Court, D. Montana · 1969
- C. P. And Helen Brooke v. United StatesCourt of Appeals for the Ninth Circuit · 1972