Legal Opinion

Hoffman v. Commissioner

United States Tax Court

Decided December 20, 1943No. Docket Nos. 108314, 110341, 110003, 110004Published

1. An individual, though not a member of a partnership which carried on a securities business, furnished, through a straw man and two trustees, a substantial part of its capital and shared its gains and losses. Held, that she was a joint venturer and taxable as a partner under sections 901 and 182 of the Revenue Act of 1938. 2. The predecessor in interest (brother) of petitioner had been a joint venturer in a securities business prior to his death.

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1. An individual, though not a member of a partnership which carried on a securities business, furnished, through a straw man and two trustees, a substantial part of its capital and shared its gains and losses. Held, that she was a joint venturer and taxable as a partner under sections 901 and 182 of the Revenue Act of 1938. 2. The predecessor in interest (brother) of petitioner had been a joint venturer in a securities business prior to his death. Under an option, which she had as an assignee, she acquired his interest in the securities business upon the payment to his estate of…

1Opinion of the Court

Claire Giannini Hoffman, Petitioner, v. Commissioner of Internal Revenue, Respondent. Estate of Virgil D. Giannini, Deceased, A. P. Giannini, Administrator, Petitioner, v. Commissioner of Internal Revenue, Respondent. Lawrence M. Giannini, Petitioner, v. Commissioner of Internal Revenue, Respondent. Mercedes A. Giannini, Petitioner, v. Commissioner of Internal Revenue, Respondent

Hoffman v. Commissioner

Docket Nos. 108314, 110341, 110003, 110004

United States Tax Court

2 T.C. 1160; 1943 U.S. Tax Ct. LEXIS 10;

December 20, 1943, Promulgated

Decision will be entered for the respondent in Docket…

2Cases cited23 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Lyeth v. HoeySupreme Court of the United States · 1938
  3. Burnet v. LeiningerSupreme Court of the United States · 1932
  4. Edwards v. SlocumSupreme Court of the United States · 1924
  5. Helvering v. SalvageSupreme Court of the United States · 1936

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