Legal Opinion

Mathias v. Commissioners of Internal Revenue

United States Tax Court

Decided September 30, 1968No. Docket No. 406-66PublishedCited by 15 opinions

Petitioner made charitable contributions of two oil paintings. With respect to one painting, there were serious questions as to the identity of both the subject matter and the artist. Held, it is unnecessary to decide the ultimate issue of such identity, the questions thus raised constituting simply depressants of value. Held, further, on the basis of the entire record, the value of one painting is $ 500, the value of the other painting $ 8,000.

1Opinion of the Court

TaNNBNWald, Judge:

Respondent determined deficiencies in petitioners’ income tax in the amount of $4,231.95 and $8,763.62 for the taxable years 1962 and 1963, respectively. The sole issue involved is the valuation of two paintings for purposes of otherwise concededly deductible charitable contributions under section 170.1

FINDINGS OF FACT

Some of the facts are stipulated and are found accordingly.

Petitioners, Eugene P. and Barbara J. Mathias, were husband and wife and resided in Los Angeles County, Calif., during the taxable years 1962 and 1963 and at the time of the filing of the petition…

2Cases cited5 opinions

  1. McGuire v. CommissionerUnited States Tax Court · 1965
  2. Campanari v. CommissionerUnited States Tax Court · 1945
  3. Hull v. CommissionerUnited States Tax Court · 1962
  4. Porter v. CommissionerUnited States Tax Court · 1967
  5. B. F. Sturtevant Co. v. United StatesDistrict Court, D. Massachusetts · 1937

3Cited by15 opinions

  1. Estate of Smith v. CommissionerUnited States Tax Court · 1972
  2. Estate of Scull v. CommissionerUnited States Tax Court · 1994
  3. Biagiotti v. CommissionerUnited States Tax Court · 1986
  4. Doherty v. CommissionerUnited States Tax Court · 1992
  5. Estate of Kollsman v. Comm'rUnited States Tax Court · 2017

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