Barton v. Commissioner

1979 T.C. Memo. 234, 38 T.C.M. 933, 1979 Tax Ct. Memo LEXIS 292
CourtUnited States Tax Court
DecidedJune 13, 1979
DocketDocket No. 11015-77.
StatusUnpublished

This text of 1979 T.C. Memo. 234 (Barton v. Commissioner) is published on Counsel Stack Legal Research, covering United States Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barton v. Commissioner, 1979 T.C. Memo. 234, 38 T.C.M. 933, 1979 Tax Ct. Memo LEXIS 292 (tax 1979).

Opinion

RAYMOND J. BARTON AND NORMA E. BARTON, Petitoners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Barton v. Commissioner
Docket No. 11015-77.
United States Tax Court
T.C. Memo 1979-234; 1979 Tax Ct. Memo LEXIS 292; 38 T.C.M. (CCH) 933; T.C.M. (RIA) 79234;
June 13, 1979, Filed

*292 Held, petitioners may deduct interest of $796.13 in 1974. Held further, petitioners may deduct medical expenses of $893.23 in that year.

Raymond J. Barton and Norma E. Barton, pro se. Judy Jacobs, for the respondent.

STERRETT

MEMORANDUM FINDINGS OF FACT AND OPINION STERRETT, Judge: Respondent, *293 on September 16, 1977, issued a statutory notice in which he determined a deficiency in petitioners' Federal income tax for their taxable year 1974 in the amount of $181.42.

FINDINGS OF FACT

Petitioners, Raymond J. Barton and Norma E. Barton, resided in Skokie, Illinois at the time of filing their petition herein. They timely filed a joint Federal income tax return for the calendar year 1974.

On Schedule A of their 1974 return petitioners claimed interest expense deductions which totaled $787.34. Respondent adjusted the claimed expense as follows:

ItemClaimedAllowedAdjustment
Wards$ 13.71$ 13.71
Nationwide Finance Co.54.5144.00 110.51
Liberty Loan47.9247.92
Nelson Bros.71.2090.50(19.30)
H. Walpole600.0090.00510.00
$787.34$286.13$501.21

On January 6, 1972 petitioners borrowed $1,000 from Henry F. Walpole (hereinafter Walpole). Mr. Barton originally borrowed the funds for a business deal that fell through. Thereafter*294 he used the money on household necessities. The loan agreement signed by the Bartons and the Walpoles provided:

We agree to Pay Henry & Sarah Walpole back one thousand dollars that we borrowed from Henry & Sarah Walpole, at the Rate of $50.00 a month, Per month on one thousand dollar loan until Raymond & Norma Barton can pay back one thousand dollar lone [sic] in full.

Mr. Barton set the interest rate. He thought that $50 per month was a fair amount in view of his lack of credit. The Bartons began paying $50 per month interest in February of 1972 and continued such payment until the loan was paid, in lump sum, in 1975. When the interest payment was even a day late Mrs. Walpole would call for her husband to request payment.

Mrs. Walpole is Mr. Barton's mother. She married Walpole when she was about 65 years old. She is now in her seventies. The Walpoles are retired and support themselves by union retirement benefits and social security.

On Schedule A of their 1974 return petitioners claimed a medical expense deduction in the amount of $1,435.60. Respondent adjusted the claimed deduction as follows:

ItemClaimedAllowedAdjustment
Hospitals $ 201.00 $ 223.00[22.00)
Dentures693.00486.75206.25
Transportation7.807.80
Bal. insurance premium799.32441.20358.12
$1,701.12$1,158.75$542.37
Less 3%- 415.52- 416.00- .48
$1,285.60$ 742.75$542.85
Insurance premium+ 150.00+ 150.00
Deduction$1,435.60 $ 892.75$542.85

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1979 T.C. Memo. 234, 38 T.C.M. 933, 1979 Tax Ct. Memo LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barton-v-commissioner-tax-1979.