May v. Commissioner
United States Tax Court
H and W transferred their entire title and interest in real property used in H's medical practice to an irrevocable trust for the benefit of their children. The trust instrument appointed H and a friend as cotrustees. H leased the property from the trust without a written lease and made monthly payments as rent to the trust.
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H and W transferred their entire title and interest in real property used in H's medical practice to an irrevocable trust for the benefit of their children. The trust instrument appointed H and a friend as cotrustees. H leased the property from the trust without a written lease and made monthly payments as rent to the trust. Held, the payments by H were ordinary and necessary business expenses under sec. 162(a), I.R.C. 1954. Mathews v. Commissioner, 61 T.C. 12 (1973), revd. 520 F.2d 323 (5th Cir. 1975), cert. denied 424 U.S. 967 (1976), followed.
1Opinion of the Court
Lewis H. V. May and Nancy C. May, Petitioners v. Commissioner of Internal Revenue, Respondent
May v. Commissioner
Docket No. 5762-77
United States Tax Court
76 T.C. 7; 1981 U.S. Tax Ct. LEXIS 193;
January 8, 1981, Filed
Decision will be entered under Rule 155.
H and W transferred their entire title and interest in real property used in H's medical practice to an irrevocable trust for the benefit of their children. The trust instrument appointed H and a friend as cotrustees. H leased the property from the trust without a written lease and made monthly payments as rent to the trust. Held, the payments…
Also in this document: Concurrence; Dissent · Simpson; Dissent · Chabot.
2Cases cited43 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Helvering v. CliffordSupreme Court of the United States · 1940
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Furman v. CommissionerUnited States Tax Court · 1966
- Irvine K. Furman and Lorena K. Furman v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1967
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