Legal Opinion

Shilowitz v. United States

District Court, D. New Jersey

Decided August 30, 1963No. Civ. A. 785-61PublishedCited by 6 opinions

1Opinion of the Court

SHAW, District Judge.

Plaintiffs filed an Income Tax Return for the year, 1956, reporting as capital gain an amount of $45,000 derived from the sale of all interest which plaintiff, Charles Shilowitz (hereinafter referred to as “Shilowitz” or “the taxpayer”), 1 held in two corporations. The Commissioner of Internal Revenue determined that this item did not constitute capital gain and should be treated, for tax purposes, as ordinary income. Accordingly, there was an assessment of alleged tax deficiency in the amount of $18,463.-71, 2 which plaintiffs paid. This action is now brought, pursuant…

2Cases cited16 opinions

  1. Helvering v. WinmillSupreme Court of the United States · 1938
  2. Arthur Glickman Herman Glickman and Ruth Glickman and Aaron Glickmand and Freda Glickman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
  3. Braunstein v. CommissionerSupreme Court of the United States · 1963
  4. J. D. Abbott and Kathryn Abbott v. Commissioner of Internal Revenue, Carl M. Wolfe and Mary E. Wolfe v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
  5. Abbott v. CommissionerUnited States Tax Court · 1957

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

3Cited by6 opinions

  1. Commissioner of Internal Revenue v. Ralph J. Solow and Celia O. SolowCourt of Appeals for the Second Circuit · 1964
  2. Commissioner of Internal Revenue v. Sylvester J. Lowery and Rosemary P. LoweryCourt of Appeals for the Third Circuit · 1964
  3. Crowe v. CommissionerUnited States Tax Court · 1974
  4. Glenn C. Bailey, Lillian S. Bailey, and Inez N. Bailey v. United StatesCourt of Appeals for the Ninth Circuit · 1966
  5. Crowe v. CommissionerUnited States Tax Court · 1974

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