MALLOY v. COMMISSIONER

Docket Nos. 6906, 6907.

5 T.C. 1112 (1945)

FRANK R. MALLOY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT. EVELYN MALLOY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Promulgated November 27, 1945.


Attorney(s) appearing for the Case

H. E. Kleinecke, Jr., Esq., for the petitioners.

D. Louis Bergeron, Esq., for the respondent.


Deficiencies in income tax for the calendar years 1940 and 1941 in the respective amounts of $132.82 and $664.06 for each petitioner are in issue in these proceedings. The deficiencies result principally from the disallowance by respondent of a deduction in each year for amounts paid under the terms of the will of Frank P. Malloy to his widow in determining the net income from the business of petitioner, Frank R. Malloy.

We adopt as our findings the facts which have...

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