All Americas Trading Corp. v. Commissioner
United States Tax Court
Where an individual, the purchasing agent and nominal president of the petitioner, received the amounts in question under a claim of right from the petitioner's suppliers during the tax years involved, and these kickback payments, among other items, were the subject of contested State court proceedings between the petitioner and the individual, resulting in a judgment in a subsequent year in favor of the petitioner, held, the amounts in question did not constitute accruable…
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Where an individual, the purchasing agent and nominal president of the petitioner, received the amounts in question under a claim of right from the petitioner's suppliers during the tax years involved, and these kickback payments, among other items, were the subject of contested State court proceedings between the petitioner and the individual, resulting in a judgment in a subsequent year in favor of the petitioner, held, the amounts in question did not constitute accruable income to the petitioner during the tax years in question.
1Opinion of the Court
Train, Judge:
Respondent determined deficiencies in income tax and imposed additions to the tax in the years and in the amounts as follows:
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At the hearing of these cases, respondent stated that the deficiencies and additions to the tax for the years 1949 and 1950 should be reduced to the following amounts:
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The main issues are: (1) Whether certain moneys received by Joseph Avirgan as rebates, commissions, or “kickbacks” resulted in unreported income to the petitioner in the years involved, and (2) if issue (1) is decided against the petitioner, whether petitioner in…
2Cases cited10 opinions
- Healy v. CommissionerSupreme Court of the United States · 1953
- United Mercantile Agencies, Inc. v. CommissionerUnited States Tax Court · 1955
- F. W. Drybrough v. Commissioner of Internal Revenue, L. N. Simpson v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1956
- Currier v. United StatesCourt of Appeals for the First Circuit · 1948
- United Dressed Beef Co. v. CommissionerUnited States Tax Court · 1955
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Asphalt Industries, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1967
- Asphalt Industries, Inc. v. CommissionerUnited States Tax Court · 1966
- Riverfront Groves, Inc. v. CommissionerUnited States Tax Court · 1973
- Botwinik Bros. of Mass., Inc. v. CommissionerUnited States Tax Court · 1963
- All Americas Trading Corp. v. CommissionerUnited States Tax Court · 1958
7 more not listed; retrieve them via the Exa API.