Legal Opinion

Willmore v. Commissioner

United States Board of Tax Appeals

Decided February 6, 1930No. Docket No. 32850PublishedCited by 2 opinions

RETURNS - HUSBAND AND WIFE. - Under the laws of Florida profits derived from the sale of real estate, purchased in whole or in part with funds of the wife, constitute her separate estate to the extent of her proportionate part thereof, and, when such profits have been reported by the wife in her individual return, they may not thereafter be taxed to the husband. Jerry Galatis,8 B.T.A. 213, followed.

1Opinion of the Court

MEMORANDUM OPINION.

Trammell :

This is a proceeding for the redetermination of a deficiency in income tax for the year 1925 in the amount of $1,050.43. In his pleading, the petitioner assigned as error (1) that the respondent failed correctly to determine his true taxable gain for the year in question, (2) that the respondent erred in disallowing deductions for “ traveling expense ” in the amount of $200 and “ auto expense ” in the amount of $865, and (3) that the respondent should have taken into consideration, in computing taxable gain, an “ actual loss ” sustained by the petitioner during…

2Cited by2 opinions

  1. Kates v. CommissionerUnited States Tax Court · 1968
  2. Willmore v. CommissionerUnited States Board of Tax Appeals · 1930

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