Cory v. Commissioner
United States Tax Court
George Santayana, author of the literary work "Persons and Places," caused the manuscript of that work to be delivered to petitioner, and petitioner, on November 10, 1942, as "Proprietor" of the said work, entered into an agreement for its publication with Charles Scribner's Sons.
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George Santayana, author of the literary work "Persons and Places," caused the manuscript of that work to be delivered to petitioner, and petitioner, on November 10, 1942, as "Proprietor" of the said work, entered into an agreement for its publication with Charles Scribner's Sons. The respondent determined that Santayana made a gift of his entire interest in "Persons and Places" to petitioner and that the proceeds payable by Scribner's to petitioner by reason of its publication of the work were taxable to petitioner as ordinary income. On the facts, held, that (1) Santayana had made a gift of…
1Opinion of the Court
OPINION.
TURNER, Judge:
By an amendment to bis petition, the petitioner has taken sharp departure from the representations on his return and the allegations in his original petition, to the effect that “Persons and Places” was given to him by Santayana in 1941 and that the $42,057.66 represented the proceeds of the sale by him of a capital asset, and now alleges that Santayana did not “complete the gift” of “Persons and Places” until May 21, 1945,1 that the income therefrom in 1944 was that of Santayana, and such part of the “sales” proceeds as was received by him, the petitioner, in that year…
2Cases cited23 opinions
- Commissioner of Internal Revenue v. Celanese Corp.Court of Appeals for the D.C. Circuit · 1944
- Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1936
- Commissioner v. WodehouseSupreme Court of the United States · 1949
- Goldsmith v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1944
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Leahy v. CommissionerUnited States Tax Court · 1986
- Taube v. CommissionerUnited States Tax Court · 1987
- Tolwinsky v. CommissionerUnited States Tax Court · 1986
- Durkin v. CommissionerUnited States Tax Court · 1986
- Thomas J. Durkin, Colette A. Durkin, Jerome A. Grossman and Sybil G. Grossman v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1989
21 more not listed; retrieve them via the Exa API.