Legal Opinion

John L. Denning & Co. v. Commissioner

United States Tax Court

Decided December 29, 1948No. Docket No. 13174Unpublished

Petitioner's controlling stockholder, acting through a power of attorney for his son, then in the Armed Forces, entered into an agreement with other members of his family purporting to form a partnership to carry on business similar to that of petitioner. The controlling stockholder allotted between petitioner and the partnership merchandise bought in the field and otherwise participated in handling the partnership's business.

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Petitioner's controlling stockholder, acting through a power of attorney for his son, then in the Armed Forces, entered into an agreement with other members of his family purporting to form a partnership to carry on business similar to that of petitioner. The controlling stockholder allotted between petitioner and the partnership merchandise bought in the field and otherwise participated in handling the partnership's business. Held, respondent did not err in including the partnership's income in the income of petitioner. Petitioner's inventory of broomcorn was computed on the "last in, first…

1Opinion of the Court

John L. Denning & Company, Inc., a corporation v. Commissioner.

John L. Denning & Co. v. Commissioner

Docket No. 13174.

United States Tax Court

1948 Tax Ct. Memo LEXIS 7; 7 T.C.M. (CCH) 980; T.C.M. (RIA) 48277;

December 29, 1948

Petitioner's controlling stockholder, acting through a power of attorney for his son, then in the Armed Forces, entered into an agreement with other members of his family purporting to form a partnership to carry on business similar to that of petitioner. The controlling stockholder allotted between petitioner and the partnership merchandise bought in the field and…

2Cases cited6 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. Higgins v. SmithSupreme Court of the United States · 1940
  4. Lusthaus v. CommissionerSupreme Court of the United States · 1946
  5. May, Stern & Co. v. CommissionerUnited States Board of Tax Appeals · 1930

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