Fuller v. Commissioner
United States Tax Court
Income Tax -- Deductions -- Estates -- Maintenance of Real Estate -- Section 23 (a) (1) and (2). -- Farm losses and expenses of maintaining and operating a homestead for executors as individuals are not deductible by estate.
1Opinion of the Court
OPINION.
Murdock, Judge:
The parties agree in their briefs that no deduction is allowable under section 162 upon the theory that any part of the amounts in question were distributed, paid, or credited to any beneficiary. Henry Bradley Plant, 30 B. T. A. 133; affd., 76 Fed. (2d) 8. The petitioners, on the returns, claimed deductions of $23,-013.25 and $20,647.55 as losses from the operation of the farm for 1942 and 1943. The Commissioner disallowed those losses. The petitioners, in an amended petition, claim larger deductions which include, in addition to the expenses of operating the farm,…
2Cases cited4 opinions
- Trust Under the Will of Bingham v. CommissionerSupreme Court of the United States · 1945
- Thacher v. LoweDistrict Court, S.D. New York · 1922
- Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
- Morrison's EstateSupreme Court of Pennsylvania · 1900
3Cited by16 opinions
- International Trading Co. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1960
- Hopkins v. CommissionerUnited States Tax Court · 1950
- V. H. Monette & Co. v. CommissionerUnited States Tax Court · 1965
- Fuller v. CommissionerUnited States Tax Court · 1961
- Du Pont Testamentary Trust v. CommissionerUnited States Tax Court · 1976
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