Charles E. and Sherrie R. Strange - Page 2




                                        - 2 -                                         
               sec. 62(a)(4), I.R.C., in computing Ps' adjusted gross                 
               income.                                                                
                    Held, further, State nonresident income taxes are                 
               not deductible as a trade or business expense under                    
               sec. 62(a)(1), I.R.C.  Tanner v. Commissioner, 45 T.C.                 
               145 (1965), affd. per curiam 363 F.2d 36 (4th Cir.                     
               1966), followed.                                                       


               L. Robert LeGoy, Jr. and Kurt O. Hunsberger, for                       
          petitioners.                                                                
               Paul L. Dixon, for respondent.                                         


                                       OPINION                                        

               PARR, Judge:  Respondent determined deficiencies of $3,955,            
          $5,379, and $3,983 in petitioners' Federal income taxes for the             
          taxable years 1993, 1994, and 1995, respectively.  The sole issue           
          for decision is whether State nonresident income taxes paid on              
          net royalty income are deductible for purposes of determining               
          adjusted gross income.  We hold they are not.                               
                                     Background                                       
               This case was submitted fully stipulated under Rule 122.1              
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioners resided in              




               1Unless otherwise indicated, all Rule references are to the            
          Tax Court Rules of Practice and Procedure, and all section                  
          references are to the Internal Revenue Code in effect for the               
          taxable years at issue.                                                     




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