E. J. Benes & Co. v. Commissioner
United States Tax Court
1. Held, that petitioner Elmer Benes realized taxable income in each of the years 1947 through 1950, to the extent that in each such year the Benes Co. (of which he was president and owner of 500 of its 503 shares of stock outstanding) paid or incurred expenses in the erection of a residential home which Benes intended from the beginning should be the personal, private residence of him and his family and for which he had no intention of making payment to the corporation at…
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1. Held, that petitioner Elmer Benes realized taxable income in each of the years 1947 through 1950, to the extent that in each such year the Benes Co. (of which he was president and owner of 500 of its 503 shares of stock outstanding) paid or incurred expenses in the erection of a residential home which Benes intended from the beginning should be the personal, private residence of him and his family and for which he had no intention of making payment to the corporation at any time, while the residence was being constructed or when the construction was completed. 2. Held, that petitioners…
1Opinion of the Court
Elmer J. Benes and Frances M. Benes, Petitioners, v. Commissioner of Internal Revenue, Respondent; E. J. Benes & Company, Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent
E. J. Benes & Co. v. Commissioner
Docket Nos. 43843, 43844
United States Tax Court
42 T.C. 358; 1964 U.S. Tax Ct. LEXIS 105;
May 13, 1964, Filed
Decisions will be entered under Rule 50.
1. Held, that petitioner Elmer Benes realized taxable income in each of the years 1947 through 1950, to the extent that in each such year the Benes Co. (of which he was president and owner of 500 of its 503 shares of stock…
2Cases cited25 opinions
- Helvering v. MitchellSupreme Court of the United States · 1938
- Rutkin v. United StatesSupreme Court of the United States · 1952
- Commissioner v. AckerSupreme Court of the United States · 1959
- Poncet Davis v. United StatesCourt of Appeals for the Sixth Circuit · 1955
- United States v. Morris C. Goldberg, Also Known as Moe Goldberg and M. C. GoldbergCourt of Appeals for the Third Circuit · 1964
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