Legal Opinion
Hyman Smith and Lillian Smith v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Morris Smith and Esther Smith
Court of Appeals for the Seventh Circuit
Decided May 6, 1964No. 14330, 14331PublishedCited by 29 opinions
1Opinion of the Court
KILEY, Circuit Judge.
This petition 1 ****to review a decision of the Tax Court raises the question whether an oral agreement was made by the partners allocating the entire partnership income to Taxpayer for the year 1957, which effectually modified the partnership agreement so as to render the entire distributive net income of the partnership for that year taxable to him. We think the court did not err in deciding the agreement was made.
Morris Smith and Taxpayer are brothers who were equal partners in the operation of the Milwaukee Transformer Company pursuant to an oral partnership agreement…
2Cases cited3 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Victor Leff and Mary Leff, Husband and Wife v. Commissioner of Internal Revenue, George Sindeband v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1956
- John K. Teaford v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1957
3Cited by29 opinions
- United States v. F. Thomas Little, United States of America v. Peter Chernik, United States of America v. Harold GrutchfieldCourt of Appeals for the Ninth Circuit · 1985
- Norman and Arlene Rodman, Appellants-Cross-Appellees v. Commissioner of Internal Revenue, Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1976
- Robert M. Snell and Rosalie J. Snell, Husband and Wife v. United StatesCourt of Appeals for the Eighth Circuit · 1982
- Orrisch v. CommissionerUnited States Tax Court · 1970
- Moore v. CommissionerUnited States Tax Court · 1978
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