Legal Opinion

Davis v. United States

United States Court of Claims

Decided March 1, 1961No. 516-58PublishedCited by 7 opinions

1Opinion of the CourtLaramore, Judge

Plaintiff1 sues to recover an alleged overpayment of taxes for the year 1955. The Commissioner of Internal Revenue proposed to assess a tax deficiency in the sum of $6,318.66 on *808the basis of disallowance of the deduction of $5,000 for legal fees, and on the basis of including in plaintiff’s gross income a net long-term capital gain of $8,737.31, representing the difference between the tax basis to plaintiff of 500 shares of du Pont stock transferred to Alice M. Davis, his former wife, during 1955 and the fair market value of such shares as of the date of transfer to her. The cost basis of the…

2Cases cited23 opinions

  1. Lykes v. United StatesSupreme Court of the United States · 1952
  2. Baer v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1952
  3. Smith's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
  4. Joseph Lewis v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
  5. Commissioner of Internal Revenue v. MestaCourt of Appeals for the Third Circuit · 1941

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3Cited by7 opinions

  1. United States v. GilmoreSupreme Court of the United States · 1963
  2. William K. Carpenter and Leigh P. Carpenter v. The United StatesUnited States Court of Claims · 1964
  3. Ralph Dessauer and Rebecca Dessauer v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1971
  4. Shirley H. Weaver George v. The United StatesUnited States Court of Claims · 1970
  5. Bankers Trust Co. v. United StatesUnited States Court of Claims · 1975

2 more not listed; retrieve them via the Exa API.

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