Legal Opinion

Smith v. Commissioner

United States Tax Court

Decided November 23, 1984No. Docket No. 23371-82PublishedCited by 6 opinions

Held: 1. The 1979 Panama Canal Treaty with its implementation agreement does not exempt petitioners from U.S. income tax on wages received from the Panama Canal Commission.

Read the full summary

Held: 1. The 1979 Panama Canal Treaty with its implementation agreement does not exempt petitioners from U.S. income tax on wages received from the Panama Canal Commission. McCain v. Commissioner, 81 T.C. 918 (1983), followed. 2. Tropical differentials received by petitioners in 1979 from employment by the Panama Canal Co. and the Panama Canal Commission are not excludable from taxable income under either sec. 912(1)(C) or sec. 912(2), I.R.C. 1954. 3. Petitioners have failed to establish that a charter boat operation was an activity engaged in for profit in 1979, that they are entitled to…

1Opinion of the Court

OPINION

Scott, Judge:

Respondent determined a deficiency in petitioners’ income tax for the calendar year 1979 in the amount of $5,969. The issues for decision are (1) whether petitioners are exempt from Federal taxation of wages earned from the Panama Canal Commission during the period October 1,1979, through December 31, 1979, under the Panama Canal Treaty; (2) whether tropical differential payments received by petitioners from the Panama Canal Commission and the Panama Canal Co. during calendar year 1979 are excludable from gross income pursuant to section 912(1)(C) or 912(2);1 (3) whether…

2Cases cited14 opinions

  1. Roberts v. CommissionerUnited States Tax Court · 1974
  2. Kolovrat v. OregonSupreme Court of the United States · 1961
  3. Benz v. CommissionerUnited States Tax Court · 1974
  4. Commissioner v. ConnellySupreme Court of the United States · 1949
  5. Boyer v. CommissionerUnited States Tax Court · 1977

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

3Cited by6 opinions

  1. Ralph D. Harris and Joan F. Harris v. United StatesCourt of Appeals for the Eleventh Circuit · 1985
  2. Rust v. CommissionerUnited States Tax Court · 1985
  3. Bergmann v. CommissionerUnited States Tax Court · 1985
  4. Nicolaisen v. CommissionerUnited States Tax Court · 1985
  5. Rust v. CommissionerUnited States Tax Court · 1985

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API