Howell v. Commissioner
United States Board of Tax Appeals
1. The decedent was manager of an insurance "Exchange" and through powers of attorney issued to him by subscribers thereof he was authorized to deduct 30 per cent of all moneys received by said Exchange in consideration of his defraying, with certain exceptions, all expenses incident to conducting the Exchange.
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1. The decedent was manager of an insurance "Exchange" and through powers of attorney issued to him by subscribers thereof he was authorized to deduct 30 per cent of all moneys received by said Exchange in consideration of his defraying, with certain exceptions, all expenses incident to conducting the Exchange. Because of the reserve requirements of the State insurance departments, the practice of paying dividends to its subscribers and certain agreements entered into with the advisory committee of said Exchange and understandings had with and instructions from the insurance department of the…
1Opinion of the Court
*771OPINION.
Mokris:
The first allegation of error pertaining to the respondent’s action in adding to gross income for the several years in question various amounts, representing commissions alleged to have been received and, therefore, taxable to Dodson, raises the question whether Dodson actually or constructively received the entire 30 per cent which he was authorized to deduct from the total premiums deposited by subscribers or whether he only received, for tax purposes, 15 per cent in 1918 and 20 per cent in the succeeding years. The respondent contends that the entire 30 per cent was either…
2Cases cited1 opinion
- Russell v. United StatesSupreme Court of the United States · 1929
3Cited by9 opinions
- Lerer v. CommissionerUnited States Tax Court · 1969
- Berry v. CommissionerUnited States Tax Court · 1964
- Eisendrath v. CommissionerUnited States Board of Tax Appeals · 1933
- Satterfield v. CommissionerUnited States Tax Court · 1975
- Scruggs v. CommissionerUnited States Board of Tax Appeals · 1934
4 more not listed; retrieve them via the Exa API.