Legal Opinion

MacMurray v. Commissioner

United States Tax Court

Decided October 9, 1953No. Docket Nos. 35201, 35202, 35203, 37394, 37395, 40290, 40291, 40292Published

1. Husband and wife owned a ranch business as community property. The total deductions (other than taxes and interest) attributable to the business as a whole exceeded by more than $ 50,000 the gross income derived therefrom for each of 5 successive years, but the share of those deductions available to each spouse did not exceed such spouse's share of the gross income from such business by more than $ 50,000 for 5 successive years.

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1. Husband and wife owned a ranch business as community property. The total deductions (other than taxes and interest) attributable to the business as a whole exceeded by more than $ 50,000 the gross income derived therefrom for each of 5 successive years, but the share of those deductions available to each spouse did not exceed such spouse's share of the gross income from such business by more than $ 50,000 for 5 successive years. Held, section 130, Internal Revenue Code, is inapplicable. 2. Petitioners MacMurray, Fenton, and a third person purchased a story in 1944 and sold it in 1945 to…

1Opinion of the Court

Fred MacMurray, et al., 1 Petitioners, v. Commissioner of Internal Revenue, Respondent

MacMurray v. Commissioner

Docket Nos. 35201, 35202, 35203, 37394, 37395, 40290, 40291, 40292

United States Tax Court

21 T.C. 15; 1953 U.S. Tax Ct. LEXIS 53;

October 9, 1953, Promulgated

Decisions will be entered under Rule 50.

1. Husband and wife owned a ranch business as community property. The total deductions (other than taxes and interest) attributable to the business as a whole exceeded by more than $ 50,000 the gross income derived therefrom for each of 5 successive years, but the share of those deductions…

Also in this document: Dissent.

2Cases cited13 opinions

  1. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  2. Helvering v. CliffordSupreme Court of the United States · 1940
  3. Lucas v. EarlSupreme Court of the United States · 1930
  4. Poe v. SeabornSupreme Court of the United States · 1930
  5. United States v. MalcolmSupreme Court of the United States · 1931

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