Legal Opinion

Morris Newmark and Julia Newmark v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided December 27, 1962No. 116, Docket 27578PublishedCited by 25 opinions

1Opinion of the Court

KAUFMAN, Circuit Judge.

After a determination of a deficiency in his federal income tax for the years 1946 and 1947, Morris Newmark petitioned the Tax Court for a redetermination. The Tax Court held that demand notes of $13,000 and $13,400, issued by the Eastern Cutter Corporation in 1946 and 1947 respectively, represented additional income to Newmark and was taxable as such, either on a theory of constructive receipt or on the theory that the notes were applied against a loan previously extended to Newmark by the corporation. Newmark appeals from the adverse decision and from the denial of…

2Cases cited6 opinions

  1. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  2. Aramo-Stiftung v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
  3. Weil v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
  4. Board of Tax Appeals v. United States ex rel. Shults Bread Co.Court of Appeals for the D.C. Circuit · 1929
  5. Hedrick v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946

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

3Cited by25 opinions

  1. Likins-Foster Honolulu Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1969
  2. Tucker v. CommissionerUnited States Tax Court · 1978
  3. Robert B. Riss and Georgina Riss v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1966
  4. Dynamics Corporation of America (Formerly Claude Neon, Inc.) v. The United StatesUnited States Court of Claims · 1968
  5. Dixon v. CommissionerUnited States Tax Court · 1973

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

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