Legal Opinion
Commissioner of Internal Revenue v. Lehman
Court of Appeals for the Second Circuit
Decided January 5, 1948No. 70, Docket 20688PublishedCited by 28 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The Commissioner has appealed from an order of the Tax Court, which expunged a deficiency and granted a refund of income tax of the taxpayer, Allan S. Lehman, for the year 1937. The case was tried upon stipulated facts, and involves the proper computation of a tax upon a capital gain, arising from the admission of new partners into the firm of Lehman Brothers, of which the taxpayer was a member. The firm was engaged in the brokerage business; and Allan Lehman became a partner in 1908. On January 1, 1936 — there being at that time six partners — a seventh was admitted.…
2Cases cited9 opinions
- Williams v. McGowanCourt of Appeals for the Second Circuit · 1945
- Helvering v. SmithCourt of Appeals for the Second Circuit · 1937
- Thornley v. Commissioners of Internal RevenueCourt of Appeals for the Third Circuit · 1945
- Rossmoore v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1935
- Darcy v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1933
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Commissioner of Internal Revenue v. WhitneyCourt of Appeals for the Second Circuit · 1948
- United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
- Swiren v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1950
- Hatch's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1952
- United States v. ShapiroCourt of Appeals for the Eighth Circuit · 1949
23 more not listed; retrieve them via the Exa API.