Cedar Valley Distillery, Inc. v. Commissioner
United States Tax Court
1. Income -- Partnership Recognized as Separate Entity -- Section 22 (a) -- Section 45. -- Partnership net income was not properly includible in the income of a corporation under section 22 (a) or 45 where the principal stockholder of the taxpayer corporation formed a partnership with his son and a third person which carried on a business of importing, bottling, and selling distilled spirits at wholesale and the spirits were imported under the corporation's permit and…
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1. Income -- Partnership Recognized as Separate Entity -- Section 22 (a) -- Section 45. -- Partnership net income was not properly includible in the income of a corporation under section 22 (a) or 45 where the principal stockholder of the taxpayer corporation formed a partnership with his son and a third person which carried on a business of importing, bottling, and selling distilled spirits at wholesale and the spirits were imported under the corporation's permit and bottled in the corporation's plant for which the corporation was compensated at a fair and reasonable rate. 2. Pleadings --…
1Opinion of the Court
OPINION.
Murdock, Judge:
The parties have stipulated that if the income of Products should not be taxed to Distillery under section 22 (a) or section 45, then it had a fiscal year ended July 31, 1944, and its correct net income for that period was $104,190.40. The Commissioner, in determining the deficiencies against Distillery, disregarded the fiscal year of Products, computed amounts to represent its net income for each of the calendar years 1943 and 1944, and added those amounts to the income of Distillery. He purported to act under section 45 or 22 (a) of the Internal Revenue Code.
Section…
2Cases cited7 opinions
- Lucas v. Pilliod Lumber Co.Supreme Court of the United States · 1930
- Thrift v. CommissionerUnited States Tax Court · 1950
- Miles-Conley Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1949
- Miles-Conley Co. v. CommissionerUnited States Tax Court · 1948
- Wood v. CommissionerUnited States Tax Court · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Reaver v. CommissionerUnited States Tax Court · 1964
- Simon J. Murphy Company and Social Research Foundation, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1956
- Estate of Byrne v. CommissionerUnited States Tax Court · 1951
- Commons v. CommissionerUnited States Tax Court · 1953
- Ireland v. CommissionerUnited States Tax Court · 1959
50 more not listed; retrieve them via the Exa API.