Legal Opinion

Commissioner of Internal Revenue v. Gerstle

Court of Appeals for the Ninth Circuit

Decided March 25, 1938No. 8426PublishedCited by 18 opinions

1Opinion of the Court

HEALY, Circuit Judge.

This case was brought here on petition to review a decision of the Board of Tax Appeals. The question presented is whether the respondent is entitled to deduct for income tax purposes his proportionate share of operating losses sustained by syndicates of which he was a member. Specifically, it is whether the syndicates are associations within the meaning of section 2(a) (2) of the Revenue Act of 1926, and section 701 (a) (2) of the Revenue Act of 1928, 26 U. S.C.A. § 1696(3), providing that for the purposes of the act “the term ‘corporation’ includes associations,…

2Cases cited12 opinions

  1. Morrissey v. CommissionerSupreme Court of the United States · 1935
  2. Hecht v. MalleySupreme Court of the United States · 1924
  3. Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
  4. Hecht v. MalleySupreme Court of the United States · 1924
  5. Swanson v. CommissionerSupreme Court of the United States · 1935

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

3Cited by18 opinions

  1. Fox v. CommissionerUnited States Tax Court · 1968
  2. United States v. KoshlandCourt of Appeals for the Ninth Circuit · 1954
  3. Commissioner of Internal Rev. v. Horseshoe L. SyndicateCourt of Appeals for the Fifth Circuit · 1940
  4. Commissioner of Internal Revenue v. Rector & DavidsonCourt of Appeals for the Fifth Circuit · 1940
  5. Fidelity-Bankers Trust Co. v. HelveringCourt of Appeals for the D.C. Circuit · 1940

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API