Lansill v. Commissioner
United States Board of Tax Appeals
1. A taxpayer entitled to receive from a trustee bank mineral royalties, who agrees with another to pay him for legal services in perfecting the right to such income a sum equivalent to a fixed percentage of the amounts received or who agrees to pay him a fixed percentage of the amounts received, such amount being in fact paid to the other directly by the bank and not received by the taxpayer, is taxable upon such percentage amount as his income. 2. An order by the taxpayer…
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1. A taxpayer entitled to receive from a trustee bank mineral royalties, who agrees with another to pay him for legal services in perfecting the right to such income a sum equivalent to a fixed percentage of the amounts received or who agrees to pay him a fixed percentage of the amounts received, such amount being in fact paid to the other directly by the bank and not received by the taxpayer, is taxable upon such percentage amount as his income. 2. An order by the taxpayer to the bank directing payment of such percentage directly to the other person and payment pursuant thereto do not take…
1Opinion of the Court
*419OPINION.
Sternhagen :
Each of these seven petitioners is a child or grandchild of Wellington E. Burt, deceased, and since the deficiencies assailed are similar in theory and are attacked upon the same propositions of law, they have been presented and will be decided together. The facts have been embodied in a written stipulation.
The first issue is in its nature similar to that in many proceedings which have been presented to the Board for decision. It is founded upon the theory adopted by respondent that one who, having a right or interest in future income upon which tax would be assessed to…
2Cases cited9 opinions
- Eisner v. MacOmberSupreme Court of the United States · 1920
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Kornhauser v. United StatesSupreme Court of the United States · 1928
- Irwin v. GavitSupreme Court of the United States · 1925
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Teschner v. CommissionerUnited States Tax Court · 1962
- Peck v. CommissionerUnited States Board of Tax Appeals · 1934
- Gadlow v. CommissionerUnited States Tax Court · 1968
- Drake v. CommissionerUnited States Board of Tax Appeals · 1934
- McDonald v. CommissionerUnited States Board of Tax Appeals · 1933
9 more not listed; retrieve them via the Exa API.