Cozzens v. Commissioner
United States Tax Court
Held, section 107 (b), I. R. C., is inapplicable where the author of a book receives in one year less than 80 per cent of the royalties from sale of the book over the statutory period up to and including the subsequent 12 months. Held, further, the doctrine of constructive receipt is inapplicable to royalties which were not subject to the author's unrestricted right of demand and use in the year in question.
1Opinion of the Court
OPINION.
Van Fossan, Judge:
The sole question to be determined is whether the petitioner is entitled to the benefits of section 107 (b) of the Internal Revenue Code.1 The respondent urges that this section is inapplicable principally because the petitioner did not receive 80 per cent of the proceeds from the book, “The Just and The Unjust,” in 1942 as required by the statute. It is agreed that the total royalties received by the end of 1942 and during the subsequent twelve months aggregated $40,944.28. Eighty per cent of that sum is $32,755.42. The petitioner’s agents received a total of…
2Cases cited8 opinions
- Avery v. CommissionerSupreme Court of the United States · 1934
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Amend v. CommissionerUnited States Tax Court · 1949
- Eckhard v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1950
- Cooney v. CommissionerUnited States Tax Court · 1952
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Basila v. CommissionerUnited States Tax Court · 1961
- Young Door Co., Eastern Div. v. CommissionerUnited States Tax Court · 1963
- Robinson v. CommissionerUnited States Tax Court · 1965
- Gambling v. CommissionerUnited States Tax Court · 1981
- Millsaps v. CommissionerUnited States Tax Court · 1973
5 more not listed; retrieve them via the Exa API.