Legal Opinion
Gilmore v. United States
District Court, N.D. California
Decided June 11, 1965No. 41973PublishedCited by 4 opinions
1Opinion of the Court
WEIGEL, District Judge.
MEMORANDUM FOR JUDGMENT
On undisputed facts, this case presents this single question: May a taxpayer who, defends his title to stock in a divorce action add to the basis of such stock subsequently sold or exchanged those legal expenditures fairly attributable to his efforts to protect his title to the stock in the divorce action?
In United States v. Gilmore, 372 U.S. 39, 83 S.Ct. 623, 9 L.Ed.2d 570 (1963), the Supreme Court held, with respect to claims of the same taxpayer, that such expenditures were not deductible from gross income. As will be pointed out in greater…
2Cases cited26 opinions
- United States v. GilmoreSupreme Court of the United States · 1963
- Murphy Oil Co. v. BurnetSupreme Court of the United States · 1932
- Harrison E. Spangler and Myrtle B. Spangler v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- JONES'ESTATE v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1942
- Bowers v. LumpkinCourt of Appeals for the Fourth Circuit · 1944
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3Cited by4 opinions
- J.R. Betson, Jr. And Joan Sue Betson v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1986
- Spector v. CommissionerUnited States Tax Court · 1979
- Shirley H. Weaver George v. The United StatesUnited States Court of Claims · 1970
- Spector v. CommissionerUnited States Tax Court · 1979