Legal Opinion

Jones v. Commissioner

United States Tax Court

Decided September 23, 1975No. Docket No. 1063-73PublishedCited by 22 opinions

Petitioner, an official court reporter for a Federal District Court, organized a corporation which reproduced and sold transcripts of trials that petitioner was responsible for in the course of his official duties. An official court reporter is, by law, required to be an individual, not a corporation. Held, the corporation was not a "sham" for tax purposes but the income of the corporation is taxable to petitioners under secs. 61(a) and 482, I.R.C. 1954.

1Opinion of the Court

Goffe, Judge:

The Commissioner determined a deficiency in petitioners’ income tax for the taxable year 1968 in the amount of $20,609. The only adjustment in the statutory notice of deficiency contested by petitioners is the allocation to them of $50,375 of the net income of Elvin V. Jones, Inc., for its taxable year ended February 28, 1969, under the provisions of sections 61(a) and 482,1.R.C. 1954.1

FINDINGS OF FACT

Some of the facts have been stipulated. The stipulation of facts and exhibits are incorporated by this reference.

Petitioners, husband and wife, filed their joint Federal income tax…

2Cases cited16 opinions

  1. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  2. Wichita Term. El. Co. v. Commissioner of Int. R.Court of Appeals for the Tenth Circuit · 1947
  3. Ach v. CommissionerUnited States Tax Court · 1964
  4. Commissioner v. First Security Bank of Utah, N. A.Supreme Court of the United States · 1972
  5. Rubin v. CommissionerUnited States Tax Court · 1971

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Achiro v. CommissionerUnited States Tax Court · 1981
  2. Haag v. CommissionerUnited States Tax Court · 1987
  3. Keller v. CommissionerUnited States Tax Court · 1981
  4. Frederick H. Foglesong, Elizabeth C. Foglesong, and Frederick H. Foglesong Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1980
  5. Rent-A-Center, Inc. v. CommissionerUnited States Tax Court · 2014

17 more not listed; retrieve them via the Exa API.

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