Kurt Steven and Juanita Fay Urban - Page 7

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          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Higbee             
          v. Commissioner, 116 T.C. 438 (2001).                                       
               A.  Real Estate Excise Tax                                             
               The first issue is whether petitioners are entitled to                 
          deduct under section 164(a)(1) the Washington State real estate             
          excise tax that they paid on the sale of their residence.                   
               As relevant herein, section 164(a) allows a deduction for              
          five specific categories of taxes, specifically including State,            
          local, and foreign real property taxes.  Sec. 164(a)(1).                    
          Notwithstanding the general deductibility of taxes, any tax that            
          does not fall within one of the specific categories of deductible           
          taxes enumerated in section 164(a) and that is paid or accrued in           
          connection with the disposition of property shall be treated as a           
          reduction in the amount realized on the disposition of that                 
          property.                                                                   
               Section 1.164-3(b), Income Tax Regs., defines real property            
          taxes as: “taxes imposed on interests in real property and levied           
          for the general public welfare, but it does not include taxes               
          assessed against local benefits.” [Emphasis added.]                         
               Petitioners contend that Washington State’s real estate                
          excise tax constitutes a State real property tax for purposes of            
          section 164(a)(1).  Petitioners’ theory is that the State of                
          Washington:                                                                 
               does not have a general state income tax and therefore                 
               must collect taxes from other sources to run the state,                





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