Legal Opinion

O'Connor v. Commissioner

United States Board of Tax Appeals

Decided August 22, 1939No. Docket No. 96639Published

COMMUNITY PROPERTY. - Profit from sale of United States bonds was taxable to husband where the bonds were his separate property and the gain resulted from a mere increase in market value of the bonds not occasioned by any activity of the community.

1Opinion of the Court

MARTIN O'CONNOR, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

O'Connor v. Commissioner

Docket No. 96639.

United States Board of Tax Appeals

40 B.T.A. 489; 1939 BTA LEXIS 846;

August 22, 1939, Promulgated

COMMUNITY PROPERTY. - Profit from sale of United States bonds was taxable to husband where the bonds were his separate property and the gain resulted from a mere increase in market value of the bonds not occasioned by any activity of the community.

MURDOCK

OPINION.

MURDOCK: The Commissioner determined a deficiency of $765.82 in the petitioner's income tax for 1936. The only issue for…

2Cases cited10 opinions

  1. Stephens v. StephensCourt of Appeals of Texas · 1927
  2. Stringfellow v. SorrellsTexas Supreme Court · 1891
  3. Ferguson v. CommissionerUnited States Board of Tax Appeals · 1930
  4. Hayden v. McMillan, Devine & HowardCourt of Appeals of Texas · 1893
  5. Parkey v. CommissionerUnited States Board of Tax Appeals · 1929

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