Legal Opinion

Stern v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided July 19, 1943No. 212PublishedCited by 29 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

The record shows that the $50,-000 advanced by the taxpayer’s husband in connection with the settlement was disbursed to her personally but that all the other money, including the $400,000 placed in trust, was put up by the Erlanger brothers who furnished it in order to get rid of the actions brought by the taxpayer against their sister. The question is whether sums of money which were not the product of the husband’s earnings or a part of his estate, but were wholly furnished by third parties, should be treated as his for income tax purposes merely because…

2Cases cited8 opinions

  1. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  2. Douglas v. WillcutsSupreme Court of the United States · 1935
  3. Helvering v. Tex-Penn Oil Co.Supreme Court of the United States · 1937
  4. United States v. Boston & Maine RailroadSupreme Court of the United States · 1929
  5. Pearce v. CommissionerSupreme Court of the United States · 1942

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

3Cited by29 opinions

  1. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  2. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
  3. Estate of Craft v. CommissionerUnited States Tax Court · 1977
  4. Ferrer v. CommissionerUnited States Tax Court · 1961
  5. Forest G. Smith, Jr., and Rose Mary Smith v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963

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

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