Legal Opinion

McGuire v. Commissioner

United States Tax Court

Decided October 7, 1981No. Docket No. 4735-80Published

Husband and wife claimed a dependency exemption for the husband's son by a previous marriage. Petitioners secured health insurance covering the son. Petitioners claimed that proceeds from the health insurance policy, in addition to the premiums paid for the coverage, should be included in the sec. 152 support computation. Held: Premiums must be included in the sec. 152 support computation but proceeds must be excluded from the calculation.

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Husband and wife claimed a dependency exemption for the husband's son by a previous marriage. Petitioners secured health insurance covering the son. Petitioners claimed that proceeds from the health insurance policy, in addition to the premiums paid for the coverage, should be included in the sec. 152 support computation. Held: Premiums must be included in the sec. 152 support computation but proceeds must be excluded from the calculation. Consequently, petitioners were not entitled to the dependency exemption. Petitioners also claimed depreciation and expense deductions for an unfinished…

1Opinion of the Court

Frank and Ruth McGuire, Petitioners v. Commissioner of Internal Revenue, Respondent

McGuire v. Commissioner

Docket No. 4735-80

United States Tax Court

77 T.C. 765; 1981 U.S. Tax Ct. LEXIS 48;

October 7, 1981, Filed

Decision will be entered for the respondent.

Husband and wife claimed a dependency exemption for the husband's son by a previous marriage. Petitioners secured health insurance covering the son. Petitioners claimed that proceeds from the health insurance policy, in addition to the premiums paid for the coverage, should be included in the sec. 152 support computation. Held: Premiums must be…

2Cases cited25 opinions

  1. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  2. Dixon v. United StatesSupreme Court of the United States · 1965
  3. Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  4. Estate of Emerson v. CommissionerUnited States Tax Court · 1977
  5. Goodwin v. CommissionerUnited States Tax Court · 1980

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