Tautolo v. Commissioner

1975 T.C. Memo. 277, 34 T.C.M. 1198, 1975 Tax Ct. Memo LEXIS 97
United States Tax Court·Decided September 3, 1975·No. Docket No. 2788-74·Unpublished

Opinion

DAVID F. and FAAMAISE V. TAUTOLO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Tautolo v. Commissioner
Docket No. 2788-74
United States Tax Court
T.C. Memo 1975-277; 1975 Tax Ct. Memo LEXIS 97; 34 T.C.M. (CCH) 1198; T.C.M. (RIA) 750277;
September 3, 1975. Filed
David F. Tautolo, pro se.
Gregory A. Robinson, for the respondent.

STERRETT

MEMORANDUM FINDINGS OF FACT AND OPINION

STERRETT, Judge: The respondent determined a deficiency in petitioners' federal income tax for the taxable year 1972 in the amount of $1,764.50. Due to concessions by the respondent the only issues we must decide are: (1) whether petitioners are entitled to deductions for air fare to Samoa and for living expenses while there as medical expense, and (2) whether petitioners have substantiated certain itemized deductions including interest, taxes, medical expenses, and miscellaneous expenses.

FINDINGS OF FACT

*98 Some of the facts have been stipulated and are so found. The stipulation of facts, together with the exhibits attached thereto, are incorporated herein by this reference.

Petitioners David F. Tautolo (hereinafter petitioner) and Faamaise V. Tautolo (hereinafter Faamaise) are husband and wife. They were residents of Long Beach, California, at the time they filed their petition herein. Petitioners filed a joint 1972 federal income tax return.

In 1968 Faamaise suffered a massive stroke necessitating surgery at Memorial Hospital in California. Her throat was opened and a tube inserted therein. She remained in this condition approximately 1 month at which time her throat was closed. Although Faamaise survived the operation, she had advanced cerebral disease accompanied by paralysis.

Following the operation Faamaise was transferred from Memorial Hospital to Rancho Los Amigos Hospital. She remained there over 8 months at which time petitioner was informed that bed shortages dictated her release. Rather than transfer her to another hospital, petitioner brought Faamaise home and hired an attendant to care for her.

Petitioner continued to search for a treatment that would lead to Faamaise's*99 improvement. Consultations were had with almost 20 physicians in California and one in Hawaii. All were of the opinion that Faamaise's case was virtually hopeless.

Although petitioner has lived in the United States for almost 30 years, both his family and that of Faamaise are from Samoa. In 1971 their Samoan relatives suggested that a trip to Samoa with its concomitant tropical climate might benefit Faamaise. Petitioner agreed, hoping that some type of treatment could be found there and that Faamaise's condition might improve.

In 1971 petitioner accompanied Faamaise to Samoa, making his first trip there since 1967. He remained in Samoa 3 weeks, gave Faamaise $400 with which to defray expenses and returned to Long Beach alone. Seven months later petitioner again went to Samoa and accompanied Faamaise on her return trip which occurred in 1972. In all petitioners made three trips between California and Samoa, and expended $249 for each one-way portion of a trip.

While in Samoa Faamaise resided at the home of her relatives where she was treated by native Samoan doctors. Such doctors do not attend medical school and believe in calling upon spirits and using medicine from plants to*100 alleviate sickness. In accordance with these beliefs, the treatments administered to Faamaise comprised prayer and massages with plant leaves. Her condition failed to improve as a result of these treatments.

Petitioner was employed by Douglas Aircraft. His job entailed the use of safety glasses, special shoes, and a plastic apron for the protection of his clothing. He also purchased airline magazines.

Petitioner purchased a stove, bicycle, and refrigerator. He made the installment payments, which included interest, to General Electric Credit Corporation (hereinafter GECC).

Petitioner is a minister of his church, and in this capacity he traveled by automobile to visit fellow church members.

The following table shows the nature and amount of the items petitioners deducted on their 1972 return, the amounts disallowed by the notice of deficiency, the amounts conceded to be deductible by respondent, and the amounts remaining in issue: 1

Amount ClaimedAmount ConcededAmount Remaining
Itemand Disallowedby Respondentin Issue
Medical expense (Samoa)$1,9501,950
Medical expense (Calif.)880331549
Sales tax25022921
Sales tax (auto)7070
Gasoline tax15310053
Disability insurance80746
Furniture & appliances

Free access — add to your briefcase to read the full text and ask questions with AI

Tautolo v. Commissioner, 1975 T.C. Memo. 277, 34 T.C.M. 1198, 1975 Tax Ct. Memo LEXIS 97 (tax 1975).

1975 T.C. Memo. 277 (Tautolo v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Welch v. Helvering
290 U.S. 111 (Supreme Court, 1933)
Cohan v. Commissioner of Internal Revenue
39 F.2d 540 (Second Circuit, 1930)
Havey v. Commissioner
12 T.C. 409 (U.S. Tax Court, 1949)
Dobkin v. Commissioner
15 T.C. 886 (U.S. Tax Court, 1950)
Brown v. Commissioner
62 T.C. No. 62 (U.S. Tax Court, 1974)
Jacobs v. Commissioner
62 T.C. No. 87 (U.S. Tax Court, 1974)