Legal Opinion

Miller v. Commissioner

United States Board of Tax Appeals

Decided September 19, 1934No. Docket No. 64861Published

Where a taxpayer instructs his broker to sell certain shares of stock purchased at different times and at different prices, and the broker executes the sale, and, as the taxpayer's agent, delivers specific certificates in his hands for stock belonging to the taxpayer, the stock actually sold is the stock represented by the certificates delivered, and the profit should be computed on the shares actually sold rather than on those which the taxpayer intended to sell.

1Opinion of the Court

WILLIAM W. MILLER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Miller v. Commissioner

Docket No. 64861.

United States Board of Tax Appeals

31 B.T.A. 192; 1934 BTA LEXIS 1141;

September 19, 1934, Promulgated

Where a taxpayer instructs his broker to sell certain shares of stock purchased at different times and at different prices, and the broker executes the sale, and, as the taxpayer's agent, delivers specific certificates in his hands for stock belonging to the taxpayer, the stock actually sold is the stock represented by the certificates delivered, and the profit should be…

2Cases cited1 opinion

  1. Miller v. CommissionerUnited States Board of Tax Appeals · 1934

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