Legal Opinion
Fred M. Waring and Virginia Waring v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided June 26, 1969No. 17550_1PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Fred M. Waring 1 attacks the decision of the Tax Court that royalties he received in 1960 and 1961 under a trademark and trade name license agreement were taxable to him as ordinary income and not as capital gains.
In 1946 taxpayer’s wholly owned corporation was liquidated and its assets were distributed to him in exchange for all the stock of the corporation. Included in the assets which taxpayer received in liquidation was a 1944 license agreement between the corporation and a third party to whom was given the right to use the name “Waring” in connection with the sale of…
3Cases cited7 opinions
- Burnet v. LoganSupreme Court of the United States · 1931
- Commissioner of Internal Revenue v. CarterCourt of Appeals for the Second Circuit · 1948
- Westover v. SmithCourt of Appeals for the Ninth Circuit · 1949
- Louis F. Grill and Joan Myers Grill, and Joan Myers (Formerly Joan Selznick) v. The United States. Florence A. Selznick v. The United StatesUnited States Court of Claims · 1962
- Estate of Sam Marsack, Deceased, Betty Marsack, Administratrix, and Betty Marsack v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1961
2 more not listed; retrieve them via the Exa API.
4Cited by53 opinions
- Mendes v. Comm'rUnited States Tax Court · 2003
- McShain v. CommissionerUnited States Tax Court · 1979
- Hamilton Industries, Inc. v. CommissionerUnited States Tax Court · 1991
- Schneider v. CommissionerUnited States Tax Court · 1975
- Guardian Indus. Corp. v. CommissionerUnited States Tax Court · 1991
48 more not listed; retrieve them via the Exa API.