Opinion

Mathews v. Commissioner

  • 61 T.C. 12
  • 61 T.C. No. 3
  • 1973 U.S. Tax Ct. LEXIS 43
Court
United States Tax Court
Filed
Oct 3, 1973
Status
Published
Author
Quealt
On the bench
Hall,Quealy
Cited by
33 cases

Reversed by C. James Mathews v. Commissioner of Internal Revenue, 520 F.2d 323 (1975)

The opinion

Quealt, J., dissenting: In this case, the petitioner admittedly had an equity in the property which he was renting. He owned the property in fee and had merely granted to the trust a term of years, giving the trust no greater interest than that of a lessee. Section 162(a) specifically limits the deduction for rentals to property “in which he [petitioner] has no equity.” Regardless of what may have been the intention of the Congress, and I find it difficult to believe that there was any intent to legitimatize this form of transaction, I find no justification for disregarding the clear language 'of the statute. Accordingly, I believe that the position of the respondent on this issue should be sustained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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