Legal Opinion

Wrightsman v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided April 10, 1940No. 9358PublishedCited by 14 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Petitioner and his wife keep their books, and their tax returns are made on the cash receipts and disbursements basis. In the separate income tax returns each filed for 1936, a salary of $50,000 for that year voted to petitioner as president of the Wrights-man Oil Company, on December 30, 1936, was treated as community property, each reporting % of it as his income. The question for decision here is when, under the laws of Texas, where petitioner and his wife were on December 30th, residing, the salary was “acquired.” Was it “acquired” on the day it was voted to him…

2Cases cited20 opinions

  1. Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
  2. Welder v. LambertTexas Supreme Court · 1898
  3. Lofland v. CahallSupreme Court of Delaware · 1922
  4. Lee v. LeeTexas Supreme Court · 1923
  5. Manchaca v. FieldTexas Supreme Court · 1884

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3Cited by14 opinions

  1. Dillin v. CommissionerUnited States Tax Court · 1971
  2. Johnson v. CommissionerUnited States Tax Court · 1979
  3. Beatrice Smither Parson, of the Will and Estate of George W. Parson v. United StatesCourt of Appeals for the Fifth Circuit · 1972
  4. Sidles v. CommissionerUnited States Tax Court · 1953
  5. William C. Reeves and Oleta Reeves v. Harvey Louis SchulmeierCourt of Appeals for the Fifth Circuit · 1962

9 more not listed; retrieve them via the Exa API.

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