Marshall v. Commissioner
United States Board of Tax Appeals
1. In a former proceeding between the same parties, reported at 19 B.T.A. 1260; affd., 57 Fed.(2d) 633 (so far as material here); certiorari denied, 287 U.S. 621, the point or question litigated and finally determined was whether petitioner made valid gifts to his wife of certain corporate stocks prior to 1926. Held, as to the same stocks involved in the present proceedings, no evidence having been offered to establish a subsequent gift, our original decision is res judicata…
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1. In a former proceeding between the same parties, reported at 19 B.T.A. 1260; affd., 57 Fed.(2d) 633 (so far as material here); certiorari denied, 287 U.S. 621, the point or question litigated and finally determined was whether petitioner made valid gifts to his wife of certain corporate stocks prior to 1926. Held, as to the same stocks involved in the present proceedings, no evidence having been offered to establish a subsequent gift, our original decision is res judicata and the parties are concluded thereby. Tait v. Western Maryland Ry. Co.,289 U.S. 620. 2. As to the corporate stocks not…
1Opinion of the Court
opinion.
Trammell:
These are consolidated proceedings for the redeter-mination of deficiencies in income tax as follows:
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*1076The issue, broadly stated, involves the question whether petitioner made a completed gift to his wife of certain corporate stocks prior to or during the taxable years. In the returns of petitioner’s wife for these years, she reported dividends received on the stocks in question, together with capital gain derived from the sale of certain stocks, and deducted capital loss sustained on the sale of other stocks.
In computing the deficiencies respondent treated the…
2Cases cited4 opinions
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Leininger v. CommissionerUnited States Board of Tax Appeals · 1934
- Haller v. CommissionerUnited States Board of Tax Appeals · 1932
- Portage Silica Co. v. CommissionerUnited States Board of Tax Appeals · 1934
3Cited by3 opinions
- Pelham Hall Co. v. CarneyDistrict Court, D. Massachusetts · 1939
- Hartford-Empire Co. v. CommissionerUnited States Board of Tax Appeals · 1940
- Marshall v. CommissionerUnited States Board of Tax Appeals · 1934