BROOKE v. UNITED STATES

Civ. No. 1513.

292 F.Supp. 571 (1968)

Charles P. BROOKE and Helen Brooke, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Missoula Division.

August 6, 1968.


Attorney(s) appearing for the Case

Garlington, Lohn & Robinson and John R. McInnes, Missoula, Mont., for plaintiffs.

Edward O. C. Ord, U. S. Atty., Tax Division, Dept. of Justice, Washington, D. C., for defendant.


OPINION

RUSSELL E. SMITH, Chief Judge.

I have concluded that the rent paid the guardianship is deductible as a necessary business expense and that the taxpayer should be charged with the amounts distributed to the children by the guardionship. I reach each of these conclusions because I believe that they are in accord with the realities and are not forbidden either by statute or controlling decision.

THE DEDUCTION OF RENT

The statutes do...

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