D. Sherman and Maxine M. Cox - Page 10

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          on the language of section 162(a)(3), which prevents taxpayers              
          from deducting expenses for rental payments for property to which           
          the taxpayer has taken title or in which the taxpayer has equity,           
          and Missouri property law which provides that petitioners, as               
          tenants by the entireties, are each "'the owner of the entire               
          estate; neither of whom have any separate or joint interest'".              
          Morgan v. Finnegan, 87 F. Supp. 274, 276 (E.D. Mo. 1949), affd.             
          182 F.2d 649 (8th Cir. 1950) (quoting Murawski v. Murawski, 209             
          S.W.2d 262 (Mo. Ct. App. 1948)).  Respondent concluded that                 
          because Mr. Cox owned an interest in the property rented, he was            
          not entitled to claim a deduction for payments attributable                 
          thereto.  To prevent an inequitable situation, respondent also              
          deleted from Mrs. Cox's rental income the amount at issue.                  
               Petitioner argues that our decision in Cox v. Commissioner,            
          supra, established that respondent intentionally disregarded the            
          rights of married women in general, and Mrs. Cox, in particular,            
          by refusing to recognize that the marital community is a distinct           
          entity with which Mr. Cox and his law practice may contract.                
          This statement is incorrect.  In fact, we clearly stated that               
          "Petitioners, likewise, have failed to convince us that the                 
          marital community is an entity separate and apart from petitioner           
          wife and petitioner husband."  Id.                                          












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