Kelley v. Commissioner
United States Board of Tax Appeals
Evidence held to establish that certain moneys invested in a coal business were the earnings of husband and wife, as partners. Such investment was their joint property and the income therefrom is not taxable in whole to the husband where separate returns are filed.
1Opinion of the Court
OPINION.
Phillips:
The sole question here involved for determination is whether the petitioner was the owner of a one-fourth interest in the Lucas Coal Co., a partnership, or whether he owned a one-eighth interest, as contended by petitioner.
*835In Pennsylvania, where her inability to contract with her husband has been removed by statute, a married woman may enter into partnership with her husband. Bernard v. Packard, 64 Fed. 309. From the evidence we are of the opinion that the grocery store and printing shop were their joint enterprises. Each spouse invested capital in the initial undertaking.…
2Cases cited1 opinion
- Bernard & Leas Manuf'g Co. v. Packard & Calvin, Ltd.Court of Appeals for the Third Circuit · 1894
3Cited by2 opinions
- Berkowitz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
- Kelley v. CommissionerUnited States Board of Tax Appeals · 1927