Legal Opinion

Silverman v. Commissioner

United States Tax Court

Decided August 28, 1957No. Docket No. 63265PublishedCited by 44 opinions

Travel Expenses of Wife Paid by Husband's Employer -- Income to Husband. -- A corporation paid the traveling expenses of the wife of its vice president who accompanied him on a business trip. The corporation claimed the cost of the wife's trip as a business expense deduction, but deduction was disallowed by the Commissioner. Petitioners allege that the corporation made a wedding gift to the vice president's wife of the cost of her trip.

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Travel Expenses of Wife Paid by Husband's Employer -- Income to Husband. -- A corporation paid the traveling expenses of the wife of its vice president who accompanied him on a business trip. The corporation claimed the cost of the wife's trip as a business expense deduction, but deduction was disallowed by the Commissioner. Petitioners allege that the corporation made a wedding gift to the vice president's wife of the cost of her trip. Held: (1) The corporation did not make a gift of the cost of the wife's trip. (2) Those costs were petitioners' personal expenses. (3) The husband realized…

1Opinion of the Court

OPINION.

Harron, Judge:

The question to be decided is whether Alex Silver-man realized additional income in the taxable year in the amount of $3,204.01 which was disbursed by his employer, a corporation, for his wife’s traveling and subsistence expenses when she accompanied him on a trip he was directed to take in pursuit of his employer’s business. Alex is a stockholder of the corporation, and an officer and director.

Eespondent contends, first, that the amount in dispute constituted additional compensation of Alex for which he rendered services; or, in the alternative, that it constituted a…

2Cases cited34 opinions

  1. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  2. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  3. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  4. Commissioner v. WilcoxSupreme Court of the United States · 1946
  5. Helvering v. Northwest Steel Rolling Mills, Inc.Supreme Court of the United States · 1940

29 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Challenge Mfg. Co. v. CommissionerUnited States Tax Court · 1962
  2. Dean v. CommissionerUnited States Tax Court · 1961
  3. Miller v. CommissionerUnited States Tax Court · 1989
  4. Kralstein v. CommissionerUnited States Tax Court · 1962
  5. Alabama-Georgia Syrup Co. v. CommissionerUnited States Tax Court · 1961

39 more not listed; retrieve them via the Exa API.

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