Legal Opinion

Morrison v. Commissioner

United States Tax Court

Decided May 4, 1949No. Docket Nos. 17227, 17228, 17229, 17352PublishedCited by 1 opinion

Attorneys' fees received by petitioners in the taxable year 1943 as counsel for receivers, being less than 80 per cent of their total compensation, including amounts received in prior and subsequent years for continuous legal services in the same receivership, held not subject to apportionment under section 107. Ralph E. Lum, 12 T. C. 375, followed.

1Opinion of the Court

OPINION.

Ofper, Judge:

The related proceeding of James D. Moore, Docket No. 17007, decided March 18,1949, by memorandum opinion, deals with services rendered by and compensation paid to a receiver. The present petitioners functioned as receivers’ counsel in the same receivership. The related case concluded on the authority of Ralph E. Lum, 12 T. C. 375, that of the total payment for services, not apparently divisible, the amount received in the current year was less than 80 per cent, and that section 107 was consequently inapplicable.

"We are compelled to the same conclusion here. We do not mean…

2Cases cited2 opinions

  1. Lum v. CommissionerUnited States Tax Court · 1949
  2. Whitman v. CommissionerUnited States Tax Court · 1948

3Cited by1 opinion

  1. Morrison v. CommissionerUnited States Tax Court · 1949

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