Legal Opinion

Kelley v. Commissioner

United States Board of Tax Appeals

Decided December 23, 1927No. Docket No. 7036Published

Evidence held to establish that certain moneys invested in a coal business were the earnings of husband and wife, as partners. Such investment was their joint property and the income therefrom is not taxable in whole to the husband where separate returns are filed.

1Opinion of the Court

THOMAS F. KELLEY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Kelley v. Commissioner

Docket No. 7036.

United States Board of Tax Appeals

9 B.T.A. 834; 1927 BTA LEXIS 2502;

December 23, 1927, Promulgated

Evidence held to establish that certain moneys invested in a coal business were the earnings of husband and wife, as partners. Such investment was their joint property and the income therefrom is not taxable in whole to the husband where separate returns are filed.

George D. Wick, Esq., for the petitioner.

P. M. Clark, Esq., and C. C. Holmes, Esq., for the respondent.

PHILLIPS

This…

2Cases cited1 opinion

  1. Kelley v. CommissionerUnited States Board of Tax Appeals · 1927

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