Legal Opinion
E. N. Funkhouser and Estate of Nellie S. Funkhouser, Deceased, E. N. Funkhouser v. Commissioner of Internal Revenue
Court of Appeals for the Fourth Circuit
Decided March 15, 1967No. 10330PublishedCited by 33 opinions
1Opinion of the Court
FIELD, District Judge:
This petition for review of a decision of the Tax Court of the United States presents as its only issue whether two lump-sum distributions received by petitioner, E. N. Funkhouser, during the year 1959 from a pension trust were paid to him “on account of * * * separation from the service” within the meaning of Section 402(a) (2) of the Internal Revenue Code of 1954 and therefore entitled to capital gain treatment, or were properly taxable as ordinary income. The Tax Court resolved this issue in favor of respondent and we affirm. There is no dispute as to the facts and…
2Cases cited7 opinions
- United States v. Ophelia Johnson and Ophelia R. Johnson, as Under the Last Will and Testament of Clifford L. Johnson, DeceasedCourt of Appeals for the Fifth Circuit · 1964
- Miller v. CommissionerUnited States Tax Court · 1954
- Glinske v. CommissionerUnited States Tax Court · 1951
- Fry v. CommissionerUnited States Tax Court · 1952
- Fry's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Gittens v. CommissionerUnited States Tax Court · 1968
- Reinhardt v. CommissionerUnited States Tax Court · 1985
- Rudolph F. Adler Jacquelyn L. Adler v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1996
- Patty R. Smith v. United StatesCourt of Appeals for the Sixth Circuit · 1972
- Osterman v. CommissionerUnited States Tax Court · 1968
28 more not listed; retrieve them via the Exa API.