Legal Opinion

McDermott v. Commissioner

United States Tax Court

Decided June 1, 1944No. Docket No. 126Published

1. Petitioner received the Ross Essay Prize of $ 3,000 in 1939. The prize represented income from a trust created under the terms of a will and administered by the American Bar Association. Held, that petitioner is liable for income tax on the $ 3,000 so received. 2. Held, that petitioner may not deduct the amount of North Carolina sales tax passed on to and paid by him in 1939.

1Opinion of the Court

Malcolm McDermott, Petitioner, v. Commissioner of Internal Revenue, Respondent

McDermott v. Commissioner

Docket No. 126

United States Tax Court

3 T.C. 929; 1944 U.S. Tax Ct. LEXIS 111;

June 1, 1944, Promulgated

Decision will be entered for respondent.

1. Petitioner received the Ross Essay Prize of $ 3,000 in 1939. The prize represented income from a trust created under the terms of a will and administered by the American Bar Association. Held, that petitioner is liable for income tax on the $ 3,000 so received.

2. Held, that petitioner may not deduct the amount of North Carolina sales tax passed on…

2Cases cited6 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
  3. Irwin v. GavitSupreme Court of the United States · 1925
  4. Federal Land Bank of St. Paul v. Bismarck Lumber Co.Supreme Court of the United States · 1941
  5. Leonard v. MaxwellSupreme Court of North Carolina · 1939

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