Bialock v. Commissioner
United States Tax Court
1. Held, that there was not a valid family partnership consisting of the petitioner and his two minor children; the petitioner was the sole owner of the business and is entitled to deduct the losses sustained in the business and is taxable upon the gains.
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1. Held, that there was not a valid family partnership consisting of the petitioner and his two minor children; the petitioner was the sole owner of the business and is entitled to deduct the losses sustained in the business and is taxable upon the gains. Held, further, that since no partnership returns were ever filed and since the petitioner had always represented in his individual returns that the business was a sole proprietorship, the petitioner is not precluded from denying the existence of a partnership. 2. Held, that in 1953 the assets of the petitioner's business were transferred to…
1Opinion of the Court
AtkiNS, Judge:
The respondent determined deficiencies in income tax for the calendar years 1952 and 1953 in the respective amounts of $6,600.10 and $34,541.46. The basic issue is whether the business conducted in the name of Astell Refractories Company was conducted by the petitioner Harry L. Bialock as a sole proprietorship or whether it was conducted by him and his two minor children as a partnership, the decision of which will determine whether the petitioner is entitled to deduct the full amount of losses sustained by the business and is taxable upon the full amount of gain. Another issue…
2Cases cited18 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- United States v. Kirby Lumber CoSupreme Court of the United States · 1931
- National Licorice Co. v. National Labor Relations BoardSupreme Court of the United States · 1940
- Commissioner v. JacobsonSupreme Court of the United States · 1949
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Danenberg v. CommissionerUnited States Tax Court · 1979
- Estate of Finder v. CommissionerUnited States Tax Court · 1961
- Estate of Delman v. CommissionerUnited States Tax Court · 1979
- Frazier v. CommissionerUnited States Tax Court · 1998
- Miller v. CommissionerUnited States Tax Court · 1981
21 more not listed; retrieve them via the Exa API.