Strauss v. Commissioner
United States Board of Tax Appeals
Income received for the taxpayer by her agent in the year 1920 should be included in her income-tax return for that year, although it did not come into her actual possession until 1922.
1Opinion of the Court
*600OPINION.
Morris:
The amount of the profit realized by the taxpayer on the sale of the land is not in dispute, the principal question being whether such profit should be returned for income-tax purposes in the year 1920 or 1922. The taxpayer contends that while in some instances payment to an agent is payment to the principal, and consequently receipt of income by the agent in a given year should be returned by the principal for such year, yet, where grave legal doubt arises as to the agency and the facts and circumstances surrounding the transaction in which the agent is involved, income is not…
2Cases cited2 opinions
- Maryland Casualty Co. v. United StatesSupreme Court of the United States · 1920
- State v. American State BankNebraska Supreme Court · 1922
3Cited by5 opinions
- Diescher v. CommissionerUnited States Board of Tax Appeals · 1937
- Hillyard v. CommissionerUnited States Tax Court · 1942
- Strauss v. CommissionerUnited States Board of Tax Appeals · 1925
- Tyler v. CommissionerUnited States Board of Tax Appeals · 1933
- Tyler v. CommissionerUnited States Board of Tax Appeals · 1933