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9 B.T.A. 448

Morrow v. Commissioner

United States Board of Tax Appeals

Decided December 1, 1927

United States Board of Tax Appeals · decided 1927-12-01

The petitioner maintaining a residence for himself, his brother, and five sisters, all of whom are more than eighteen years old and not dependent on him for support, is not entitled to the exemption granted the head of a family by section 216(c) of the Revenue Acts of 1921 and 1924, though he in fact contributes to the support of his brother and sisters.

Relies on Stratton v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1927-12-01

How this case has been cited

Cited by 5 later decisions — most recently November 1941

1 federal appellate ·

20192719301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION.

Love:

¶2By section 216 (c) of the Revenue Acts of 1921 and 1924, it is provided that in computing the normal tax a single person shall be allowed a personal exemption of $1,000 and the head of a family shall be allowed an exemption of $2,500, except that the Revenue Act. of 1921 restricts this exemption to $2,000 where the net income is in excess of $5,000.

¶3The petitioner takes the position that during the years 1923 and 1924 he was the head of a family and is entitled to the exemption of *450$2,000 and $2,500 for the respective years. The respondent contends that the petitioner is entitled only to the exemption of $1,000 provided in the case of a single person.

¶4We have heretofore had occasion to pass upon the question involved in this proceeding in Hannah D. Stratton, 5 B. T. A. 1025.

¶5In view of the Board’s reasoning in the above-quoted proceedings, we are of the opinion that the petitioner herein was not the head of a family within the meaning of the Revenue Acts of 1921 and 1924.

¶6Judgment will be entered for the respondent.

Considered by Trussell, Smith, and LittletoN.
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