Stockly v. Commissioner
United States Tax Court
1. Sec. 107 (a), I. R. C. -- Joint Return -- Split Income. -- The tax on long-term compensation of a husband included in a joint return for 1948 is computed by "splitting" it and attributing one-half thereof to the earning years as his wife's income and one-half as his own. 2. Id. -- The theoretical tax attributable to the allocation of this income to an earlier year was properly computed in this case by assuming that the husband and wife would have filed separate returns,…
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1. Sec. 107 (a), I. R. C. -- Joint Return -- Split Income. -- The tax on long-term compensation of a husband included in a joint return for 1948 is computed by "splitting" it and attributing one-half thereof to the earning years as his wife's income and one-half as his own. 2. Id. -- The theoretical tax attributable to the allocation of this income to an earlier year was properly computed in this case by assuming that the husband and wife would have filed separate returns, which would produce the least tax, computing the tax thereon, and subtracting the actual tax liability for that year on…
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined a deficiency of $22,182.33 in the income tax of the petitioners for 1948. The questions for decision are (1) whether the entire amount received by the husband in 1948 as compensation for personal services rendered by him over a period extending from 1936 into 1945 should be treated as taxable to him in determining the taxes which would have resulted from attributing it ratably to the years when earned or whether the resulting tax is to be determined as if this income were taxable one-half to each spouse during those earlier years since they…
2Cases cited4 opinions
- Stallforth v. CommissionerUnited States Tax Court · 1946
- Hofferbert v. Marshall Et UxCourt of Appeals for the Fourth Circuit · 1952
- Ford v. CommissionerUnited States Tax Court · 1952
- Marshall v. HofferbertDistrict Court, D. Maryland · 1952
3Cited by17 opinions
- George K. Ford and Helen L. Ford v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1954
- Commissioner of Internal Revenue v. Ayres J. Stockly and Esther W. StocklyCourt of Appeals for the Third Circuit · 1955
- First Nat'l Bank v. CommissionerUnited States Tax Court · 1954
- John E. McClure and Helen M. McClure v. The United States of AmericaCourt of Appeals for the Fourth Circuit · 1955
- Mahler v. CommissionerUnited States Tax Court · 1954
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