Legal Opinion

Neuberger v. Commissioner

Supreme Court of the United States

Decided November 12, 1940No. 5PublishedCited by 154 opinions

1Opinion of the CourtJustice Murphy

Petitioner, a resident of New York, was a member of the New York Stock Exchange. He was engaged in the business of trading in securities on the floor of the Exchange for the partnership of Hilson & Neuberger, of which he was a member, executing orders on behalf of customers of the partnership. In addition he made numerous purchases and sales of securities for his own account.

During the year 1932, the one here in question, Hilson & Neuberger derived a profit of $142,802.29 from the sale of securities which were not capital assets as defined in § 101 of the Revenue Act of 1932. 47 Stat.…

2Cases cited10 opinions

Norwegian Nitrogen Products Co. v. United StatesSupreme Court of the United States · 1933
United States v. BarnesSupreme Court of the United States · 1912
Rasquin v. HumphreysSupreme Court of the United States · 1939
Jennings v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1940
United States v. CoulbyCourt of Appeals for the Sixth Circuit · 1919

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3Cited by154 opinions

National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943
Neonatology Assocs., P.A. v. Comm'rUnited States Tax Court · 2000
Khaled Abdullah Khitham Abdullah v. American Airlines, Inc. Audrey James Eardley James Velma George Kotnie George v. American Airlines, Inc. Khaled Abdullah and Khitham Abdullah, (No. 98-7055) Audrey James, Eardley James, Velma George and Kotnie George, (No. 98-7056)Court of Appeals for the Third Circuit · 1999
Julie Olden, Richard Hunter, Wilbur Bleau, and All Others Similarly Situated v. Lafarge Corp.Court of Appeals for the Sixth Circuit · 2004

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