Legal Opinion

Ebberts v. Commissioner

United States Tax Court

Decided October 14, 1968No. Docket No. 1379-67PublishedCited by 11 opinions

T, on accrual basis, operated a sole proprietorship, of which his married son was an employee. The son and the son's wife resided in a community property State (California) and employed the cash basis of accounting. Certain bonuses earned by the son were not in fact paid by T during the respective years or within 2 1/2 months thereafter.

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T, on accrual basis, operated a sole proprietorship, of which his married son was an employee. The son and the son's wife resided in a community property State (California) and employed the cash basis of accounting. Certain bonuses earned by the son were not in fact paid by T during the respective years or within 2 1/2 months thereafter. T concedes that one-half of such bonuses, allocable to the son's one-half community property interest, is nondeductible by virtue of sec. 267(a)(2), I.R.C. 1954. Held, the remaining one-half allocable to the son's wife's community property interest is…

1Opinion of the Court

OPINION

Raum, Judge:

The Commissioner determined the following de-ficiences in income tax against petitioners:

Tear Deficiency

1961-$2,957. 65

1962 - 390.21

1963 _ 3, 094. 90

1964 _ 3, 288.19

Petitioners are husband and wife; they filed their joint income tax returns for the calendar years 1961-64 with the district director of internal revenue at Los Angeles, and they resided in Wbittier, Calif., when their petition herein was filed. The wife is a petitioner solely by virtue of the joint returns, and the husband will sometimes hereinafter be referred to as petitioner. The only issue presently in…

2Cases cited22 opinions

  1. United States v. MalcolmSupreme Court of the United States · 1931
  2. McWilliams v. CommissionerSupreme Court of the United States · 1947
  3. Sanderson v. NiemannCalifornia Supreme Court · 1941
  4. Girard Trust Co. v. United StatesSupreme Court of the United States · 1926
  5. Graham v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1938

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

3Cited by11 opinions

  1. Hassen v. CommissionerUnited States Tax Court · 1974
  2. Fink v. United StatesUnited States Court of Claims · 1972
  3. Solano v. CommissionerUnited States Tax Court · 1974
  4. Decker v. CommissionerUnited States Tax Court · 1987
  5. Doty v. CommissionerUnited States Tax Court · 1983

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

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