Rogers v. Commissioner
United States Tax Court
Petitioners made a gift to charity of a $ 10,000 equity in a stand of timber. Later petitioner Stuart A. Rogers sold the stand as agent for the charity and for himself for $ 16,000, $ 10,000 payable directly to the charity. Held, petitioners did not realize income upon the sale as there was a gift of property and not an anticipatory assignment of income.
1Opinion of the Court
Foerester, Judge:
Respondent determined a deficiency in the income tax of petitioners for the taxable year 1958 in the amount of $2,094.83. Petitioners have conceded certain adjustments, and the sole issue remaining for our consideration is whether petitioners made a gift of an equity in timber or a gift of the proceeds of the sale of timber.
FINDINGS OF FACT.
Some of the facts have been stipulated and are so found.
Petitioners Stuart A. Rogers (hereinafter referred to as Stuart) and Dessie Mae B. Bogers are husband and wife residing in Chester, Georgia. They filed a joint Federal income tax…
2Cases cited13 opinions
- Helvering v. HorstSupreme Court of the United States · 1940
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- United States v. MichelSupreme Court of the United States · 1931
- SoRelle v. CommissionerUnited States Tax Court · 1954
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lawrence B. Sheppard and Charlotte N. Sheppard v. The United StatesUnited States Court of Claims · 1966
- Humacid Co. v. CommissionerUnited States Tax Court · 1964
- Walter R. Carrington and Ada Raye Carrington v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1973
- S. C. Johnson & Son, Inc. v. CommissionerUnited States Tax Court · 1975
- Friedman v. CommissionerUnited States Tax Court · 1963
13 more not listed; retrieve them via the Exa API.