Eckhard v. Commissioner of Internal Revenue

MURRAH, Circuit Judge.

The first question presented by this appeal is whether the petitioner taxpayer and his wife were business partners for income tax purposes during the taxable year 1943. The Commissioner determined that they were not, and the Tax Court affirmed. Another question is whether salary earned by the petitioner from a corporation, of which he was president, from July 1, 1941 to February 28, 1943, but left in the corporation as working capital until he received it in 1943, is income to him in the year when earned, or in 1943 when he received it. The Tax Court sustained the…