Legal Opinion

Trounstine v. Commissioner

United States Tax Court

Decided September 30, 1952No. Docket Nos. 35387, 35388Published

1. Where the managing member of a joint venture wrongfully withheld profits earned in 1933, which were recovered by the entitled decedent's estate in 1944 as the result of a court decree and the entitled decedent knew nothing of the wrongfully withheld profits in 1933 and his estate was without knowledge of them at, and for 3 years after, his death, held, the defrauded party's estate received gross income in 1944, the year of recovery. 2. Wrongfully withheld profits earned…

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1. Where the managing member of a joint venture wrongfully withheld profits earned in 1933, which were recovered by the entitled decedent's estate in 1944 as the result of a court decree and the entitled decedent knew nothing of the wrongfully withheld profits in 1933 and his estate was without knowledge of them at, and for 3 years after, his death, held, the defrauded party's estate received gross income in 1944, the year of recovery. 2. Wrongfully withheld profits earned in 1933 and recovered in 1944 by the entitled decedent's estate, held, distributable to the beneficiary under the…

1Opinion of the Court

Adele Trounstine, Petitioner, v. Commissioner of Internal Revenue, Respondent. Estate of Norman S. Goldberger, Deceased, Adele Trounstine, Executrix, Petitioner, v. Commissioner of Internal Revenue, Respondent

Trounstine v. Commissioner

Docket Nos. 35387, 35388

United States Tax Court

18 T.C. 1233; 1952 U.S. Tax Ct. LEXIS 82;

September 30, 1952, Promulgated

Decisions will be entered under Rule 50.

1. Where the managing member of a joint venture wrongfully withheld profits earned in 1933, which were recovered by the entitled decedent's estate in 1944 as the result of a court decree and the entitled…

2Cases cited9 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. United States v. Safety Car Heating & Lighting Co.Supreme Court of the United States · 1936
  3. Swastika Oil & Gas Co. v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1941
  4. Mathey v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1949
  5. Mathey v. Comm'rUnited States Tax Court · 1948

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