Smith v. Commissioner
United States Tax Court
The Boston Shoe Company was organized as a family partnership in 1943 with petitioners, husband and wife, and trusts for their two children as partners. A judgment rendered August 23, 1954, by the United States District Court, Central Division, of the Southern District of California, held the Commissioner was correct in disregarding the trusts as partners in the Boston Shoe Company for the years 1945 to 1948, inclusive.
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The Boston Shoe Company was organized as a family partnership in 1943 with petitioners, husband and wife, and trusts for their two children as partners. A judgment rendered August 23, 1954, by the United States District Court, Central Division, of the Southern District of California, held the Commissioner was correct in disregarding the trusts as partners in the Boston Shoe Company for the years 1945 to 1948, inclusive. In the present case involving the question of whether the trusts are to be recognized as partners in the Boston Shoe Company for the years 1952 and 1953, it is held (1)…
1Opinion of the Court
MulRONet, Judge:
The respondent determined deficiencies in petitioners’ income tax for the years 1952 and 1953 in the amounts of $13,950.43 and $6,936.92, respectively.
The issue is whether respondent was correct in not recognizing as partners in the Boston Shoe Company, the trustees of certain trusts created by the petitioners for the benefit of their two children.
FINDINGS OF FACT.
Some of the facts have been stipulated and they are found accordingly.
Petitioners, Jack Smith and Eose Mae Smith, his wife, sometimes hereinafter referred to as Jack and Eose, reside in Beverly Hills, California.…
2Cases cited6 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Helvering v. CliffordSupreme Court of the United States · 1940
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Reddig v. CommissionerUnited States Tax Court · 1958
- Jack Smith and Rose Mae Smith v. Harry C. Westover, Former Collector of Internal Revenue, and Robert A. Riddell, Director of Internal RevenueCourt of Appeals for the Ninth Circuit · 1956
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Acuff v. CommissionerUnited States Tax Court · 1960
- Ketter v. CommissionerUnited States Tax Court · 1978
- Estate of Goldenberg v. CommissionerUnited States Tax Court · 1964
- Bennett v. CommissionerUnited States Tax Court · 1962
- Tiberti v. CommissionerUnited States Tax Court · 1962
7 more not listed; retrieve them via the Exa API.