Lewenhaupt v. Commissioner
United States Tax Court
Petitioner, a citizen and resident of Sweden during the taxable year 1946, realized capital gain from the sale in 1946 of real property located in the United States. Held, that the treatment for tax purposes of gains derived from the sale of real property located in the United States is governed by article V of the tax convention between the United States and Sweden and that the provisions of article IX of the tax convention do not apply.
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Petitioner, a citizen and resident of Sweden during the taxable year 1946, realized capital gain from the sale in 1946 of real property located in the United States. Held, that the treatment for tax purposes of gains derived from the sale of real property located in the United States is governed by article V of the tax convention between the United States and Sweden and that the provisions of article IX of the tax convention do not apply. Held, further, that petitioner was engaged in business within the United States during 1946, and, therefore, is taxable on the capital gain by virtue of the…
1Opinion of the Court
OPINION.
Harron, Judge:
Issue 1. The initial question is whether a capital gain from the sale in 1946 of real property situated in the United States by a citizen and resident of Sweden, is exempt from income tax by the United States under the provisions of article IX of the tax convention for the avoidance of double taxation between the United States and Sweden.
Section 22 (b) (7) of the Internal Revenue Code excludes from income, “income of any kind, to the extent required by any treaty obligation of the United States.”
Articles V and IX of the tax convention between the United States and…
2Cases cited3 opinions
- Higgins v. CommissionerSupreme Court of the United States · 1941
- Koshland v. HelveringSupreme Court of the United States · 1936
- Pinchot v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
3Cited by32 opinions
- United States v. BalanovskiCourt of Appeals for the Second Circuit · 1956
- Perkins v. CommissionerUnited States Tax Court · 1963
- De Amodio v. CommissionerUnited States Tax Court · 1960
- Jan Casimir Lewenhaupt v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- Simenon v. CommissionerUnited States Tax Court · 1965
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