Battleson v. Commissioner
United States Board of Tax Appeals
1. HUSBAND AND WIFE. - Where husband and wife entered into a partnership prior to their marriage, while residing in North Dakota, to which each contributed capital in equal amounts and such partnership continued after their marriage, the income and proceeds of the business being invested in other enterprises, the property so acquired belonged one-half to the husband and one-half to the wife and a division between them in 1925 in that proportion was legal, and income from the…
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1. HUSBAND AND WIFE. - Where husband and wife entered into a partnership prior to their marriage, while residing in North Dakota, to which each contributed capital in equal amounts and such partnership continued after their marriage, the income and proceeds of the business being invested in other enterprises, the property so acquired belonged one-half to the husband and one-half to the wife and a division between them in 1925 in that proportion was legal, and income from the notes, stocks and bonds set apart to the wife in the partition of property was her separate income and properly taxable…
1Opinion of the Court
*459OPINION.
Blacn:
Petitioner makes the following contentions:
That a contract of partnership was entered into between 12. W. Battleson, petitioner herein, and Caroline Hensrud, at Hamlet, North Dakota, during the year 1912, as shown by the evidence.
That said partnership continued in full force and effect until dissolved as of January 1, 1925.
That income reported by petitioner to Commissioner of Internal Revenue as being received for the year 1925 was all the income lawfully chargeable to petitioner.
That petitioner only received for his own use and benefit and retained under his control, the amount…
2Cited by3 opinions
- Simms v. CommissionerUnited States Board of Tax Appeals · 1933
- Battleson v. CommissionerUnited States Board of Tax Appeals · 1931
- Simms v. CommissionerUnited States Board of Tax Appeals · 1933