Kurt Steven and Juanita Fay Urban - Page 10

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          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 of                






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