Legal Opinion

Tuthill v. Commissioner

United States Board of Tax Appeals

Decided March 24, 1931No. Docket No. 42778PublishedCited by 5 opinions

Petitioner and his wife were joint venturers and the respondent erred in including the wife's share of profits in petitioner's income.

1Opinion of the Court

*888OPINION.

Arundell:

The evidence discloses that E. M. Welch was the head of a group which since 1908 and through the taxable years has been engaged in the purchase, sale and operation of a number of undertaking establishments. Whenever Welch discovered what he regarded as a good purchase he would call on those interested with him to pay their proportionate part of the purchase price and the *889business would be acquired. The business would then be operated until the opportunity offered to sell to advantage. Each acquisition was a separate transaction, but all were conducted under substantially the…

2Cited by5 opinions

  1. Rupple v. KuhlCourt of Appeals for the Seventh Circuit · 1949
  2. United States v. AtkinsCourt of Appeals for the Fifth Circuit · 1951
  3. Berkowitz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
  4. Tuthill v. CommissionerUnited States Board of Tax Appeals · 1931
  5. United States v. AtkinsCourt of Appeals for the Fifth Circuit · 1951

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