Legal Opinion

Landau v. Commissioner

United States Tax Court

Decided February 18, 1954No. Docket No. 40824Published

Deduction -- Loss -- Mortgage Pool -- Partnership, Corporation, or Trust. -- The petitioner has not shown that the mortgage pool was a trust rather than a partnership, as determined by the Commissioner, or rather than an association taxable as a corporation, or that it sustained a loss on the investment in the mortgage pool which was deductible in 1948 in an amount greater than that allowed by the Commissioner.

1Opinion of the Court

Estate of Philip Landau, Deceased, Herbert Landau and Sidney Landau, Executors, v. Commissioner of Internal Revenue, Respondent

Landau v. Commissioner

Docket No. 40824

United States Tax Court

21 T.C. 727; 1954 U.S. Tax Ct. LEXIS 293;

February 18, 1954, Promulgated

Decision will be entered for the respondent.

Deduction -- Loss -- Mortgage Pool -- Partnership, Corporation, or Trust. -- The petitioner has not shown that the mortgage pool was a trust rather than a partnership, as determined by the Commissioner, or rather than an association taxable as a corporation, or that it sustained a loss on the…

2Cases cited11 opinions

  1. Morrissey v. CommissionerSupreme Court of the United States · 1935
  2. Heiner v. MellonSupreme Court of the United States · 1938
  3. Main-Hammond Land Trust v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1952
  4. Letts v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1936
  5. Crabb v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1941

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