- 9 - Mahler v. Tremper, 243 P.2d 627, 629-630 (Wash. 1952), the Supreme Court of the State of Washington held that a county tax on the sale of real estate is an excise tax and not a property tax because it is a tax on the transaction rather than merely ownership. Moreover, this Court has held on several occasions that so-called transaction privilege taxes concerning the transfer of property are not deductible under section 164(a)(1) because such taxes are not imposed on interests in property. See Black v. Commissioner, 60 T.C. 108 (1973) (Pennsylvania State real estate tax imposed on the transfer of property is not imposed on an interest in real property); Gibbons v. Commissioner, T.C. Memo. 1976-125 (Maryland State real estate transfer tax on the purchase of a home is not a deductible real property tax); cf. Beimfohr v. Commissioner, T.C. Memo. 1986-57 (a transaction privilege tax on a contractor’s gross proceeds of sales less land and labor costs is an excise tax on the privilege to engage in an occupation or business rather than a tax imposed on an interest in real property). We continue to follow these precedents. Petitioners argue, however, that Washington State’s real estate excise tax is a form of real property tax because the State of Washington does not have a general State income tax unlike most States. The fact that Washington State does not have a general State income tax, however, is not determinative ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011