Legal Opinion

King v. Commissioner

United States Tax Court

Decided May 16, 1979No. Docket No. 864-78PublishedCited by 4 opinions

Petitioners constructed a new house intending to make it their home and moved most of their furniture into it in late 1976. They spent some weekends in the new house. However, since petitioner husband was unable to find employment in the vicinity of the new house, at all times prior to Jan. 1, 1977, they lived on a day-to-day basis in a rented house in another city where he was employed.

Read the full summary

Petitioners constructed a new house intending to make it their home and moved most of their furniture into it in late 1976. They spent some weekends in the new house. However, since petitioner husband was unable to find employment in the vicinity of the new house, at all times prior to Jan. 1, 1977, they lived on a day-to-day basis in a rented house in another city where he was employed. Held, petitioners are not entitled to the credit provided for by sec. 44(a), I.R.C. 1954, for the construction of a new principal residence since they did not meet the requirement of sec. 44(e)(1)(B) that to…

1Opinion of the Court

Scott, Judge:

Respondent determined a deficiency in petitioners’ income tax for the calendar year 1975 in the amount of $1,976.75.

The issues for decision are:(1) Whether petitioners are entitled to a credit under section 44,1.R.C. 1954,1 in connection with the construction of a house in Bridgton, Maine; and(2) The amount of deduction for medical expenses to which petitioners are entitled.

FINDINGS OF FACT

Some of the facts have been stipulated and are found accordingly.

Petitioners, husband and wife, who resided in Groton Long Point, Conn., at the time of the filing of the petitioner herein,…

2Cases cited4 opinions

  1. Stolk v. CommissionerUnited States Tax Court · 1963
  2. Bayley v. CommissionerUnited States Tax Court · 1960
  3. Shaw v. CommissionerUnited States Tax Court · 1978
  4. United States v. Edwin L. Sheahan and Deborah M. SheahanCourt of Appeals for the Fifth Circuit · 1963

3Cited by4 opinions

  1. Lewis Testamentary Trust B v. CommissionerUnited States Tax Court · 1984
  2. King v. CommissionerUnited States Tax Court · 1979
  3. Kotowicz v. CommissionerUnited States Tax Court · 1991
  4. Lewis Testamentary Trust B v. CommissionerUnited States Tax Court · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API