Legal Opinion

Kammerdiner v. Commissioner

United States Board of Tax Appeals

Decided February 10, 1932No. Docket Nos. 41643, 46555PublishedCited by 2 opinions

Where husband and wife enter into an oral agreement for the conduct of a business to which each is to contribute service and the necessary capital is to be drawn from a joint bank account theretofore established and where each is to take one-half the profits or bear one-half the losses as the case may be, there is a partnership and each is taxable upon one-half the distributable income thereof.

1Opinion of the Court

OPINION.

Lansdon :

The respondent has asserted deficiencies in income taxes for the years 1925, 1926, and 1927, in the respective amounts of $4,220.70, $5,969.56, and $9,619.95. The only issue is whether the petitioner and his wife were equal partners in a certain business throughout the taxable years. The two proceedings have been consolidated for hearing.

The petitioner is an individual. He has been a resident of Los Angeles, California, for about thirty years and during the entire time has been engaged in some phase of the oil business. Prior to 1922 he worked for many large oil companies as…

2Cases cited4 opinions

  1. Meehan v. ValentineSupreme Court of the United States · 1892
  2. Bates v. BabcockCalifornia Supreme Court · 1892
  3. Koyer v. WillmonCalifornia Supreme Court · 1907
  4. Musick Consolidated Oil Co. v. ChandlerCalifornia Supreme Court · 1910

3Cited by2 opinions

  1. Kammerdiner v. CommissionerUnited States Board of Tax Appeals · 1932
  2. Richardson v. CommissionerUnited States Board of Tax Appeals · 1934

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