Simmons v. Commissioner
United States Tax Court
Helene (petitioner's decedent) and Frank Simmons were husband and wife whose legal residence was in Texas. Helene owned, as her separate property, all of the stock in the Crosby Companies. She was president and a director of those companies but neither participated nor took active interest in the companies' affairs.
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Helene (petitioner's decedent) and Frank Simmons were husband and wife whose legal residence was in Texas. Helene owned, as her separate property, all of the stock in the Crosby Companies. She was president and a director of those companies but neither participated nor took active interest in the companies' affairs. She gave Frank her power of attorney, made him a director and vice president and general manager of the companies, and left the complete control of the companies' affairs in his hands. During 1946 and 1947, the years in issue, Frank (a) caused the companies to expend sums to or…
1Opinion of the Court
OPINION.
Black, Judge:
For both 1946 and 1947, respondent determined that informal dividends, totaling $72,926.19 and $45,165.36, respectively, were received by the community of Frank and Helene from the Crosby Companies and that Helene did not report her community half thereof. We have set out the components of the above sums in our findings. Analysis of those components indicates that they can be segregated into three groups:
1. Moneys which Frank withdrew from the companies, retained from sales of their assets, or caused them to expend, primarily for his benefit (Frank causing the companies…
2Cases cited14 opinions
- Commissioner v. WilcoxSupreme Court of the United States · 1946
- Rutkin v. United StatesSupreme Court of the United States · 1952
- Kann v. Commissioner of Internal Revenue. Kann's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1954
- Wiese v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1938
- Massachusetts v. MissouriSupreme Court of the United States · 1939
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gene O. Clark and Faye Clark v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- McSpadden v. CommissionerUnited States Tax Court · 1968
- Clark v. CommissionerUnited States Tax Court · 1957
- All Americas Trading Corp. v. CommissionerUnited States Tax Court · 1958
- United States v. Lyndon A. DurantCourt of Appeals for the Seventh Circuit · 1963
23 more not listed; retrieve them via the Exa API.