Legal Opinion

Brackman v. Commissioner

United States Board of Tax Appeals

Decided October 1, 1931No. Docket No. 45714PublishedCited by 1 opinion

Upon the evidence held that a partnership existed during the taxable year between the petitioner and his wife, and that the petitioner is taxable upon only one-half of the net income of the partnership.

1Opinion of the Court

*261OPINION.

Matthews :

The sole issue presented in this proceeding is whether the petitioner and his wife were partners so that only one-half of the income derived from the business conducted by them jointly is taxable to the petitioner. The petitioner’s wife from the time they were married always assisted in the business and gave him advice as to what investments to make. They orally agreed to share the profits and .losses equally. The profits were not distributed to them, but were invested in real estate, which was taken in their joint names.

Stevenson, who was credit manager of a company which…

2Cases cited2 opinions

  1. Bolyard v. BolyardWest Virginia Supreme Court · 1917
  2. Biggs v. CommissionerUnited States Board of Tax Appeals · 1929

3Cited by1 opinion

  1. Brackman v. CommissionerUnited States Board of Tax Appeals · 1931

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