Legal Opinion

Sanders v. Commissioner

United States Tax Court

Decided March 29, 1954No. Docket Nos. 46745, 46746, 46747PublishedCited by 59 opinions

1. Taxability of Income -- Settlement Did Not Include Settlement of Taxes. -- The settlement of the petitioner's claims for additional compensation arising from a contract to perform work for the United States Government did not include the settlement of the petitioner's income tax liability. 2. Capital Gain or Ordinary Income -- Contract Settlement. -- The amounts paid in a settlement of the petitioner's claims for additional compensation arising from a contract to perform…

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1. Taxability of Income -- Settlement Did Not Include Settlement of Taxes. -- The settlement of the petitioner's claims for additional compensation arising from a contract to perform work for the United States Government did not include the settlement of the petitioner's income tax liability. 2. Capital Gain or Ordinary Income -- Contract Settlement. -- The amounts paid in a settlement of the petitioner's claims for additional compensation arising from a contract to perform work were ordinary income to the petitioner and not capital gain. 3. Deductions -- Depreciation -- Separately Owned…

1Opinion of the Court

OPINION.

Murdock, Judge:

The following allegation in the petition filed February 3,1953, is the basis of the petitioners’ first contention:

One of the matters between the petitioner and the government arising by reason of or in connection with Contract No. W-957-eng-968 was the taxability of amounts accrued or paid to petitioner under the contract and in settlement of claims in the year 1949, which was settled in one of a series of acts or steps in one entire transaction, as aforesaid.

Leo and his administrative assistant testified, in effect, that Gaines V. Palmes, the Justice Department…

2Cases cited16 opinions

  1. Durkee v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1947
  2. Hale v. HelveringCourt of Appeals for the D.C. Circuit · 1936
  3. West Side Tennis Club v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
  4. Downs v. CommissionerUnited States Tax Court · 1946
  5. Safety Tube Corp. v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1948

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3Cited by59 opinions

  1. Sally Conforte v. Commissioner of Internal Revenue, Joseph Conforte v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
  2. Jones v. CommissionerUnited States Tax Court · 1956
  3. Conforte v. CommissionerUnited States Tax Court · 1980
  4. Bagur v. Comm'rUnited States Tax Court · 1976
  5. Estate of Di Rezza v. CommissionerUnited States Tax Court · 1982

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