Latendresse v. Commissioner
United States Tax Court
1. Income -- Insurance Renewal Commissions -- Ordinary Income on Receipt by Widow. -- Insurance renewal commissions received by petitioner on policies sold by husband prior to his death and similar commissions from assignments acquired by husband are taxable to petitioner, his wife and sole beneficiary, as ordinary income.
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1. Income -- Insurance Renewal Commissions -- Ordinary Income on Receipt by Widow. -- Insurance renewal commissions received by petitioner on policies sold by husband prior to his death and similar commissions from assignments acquired by husband are taxable to petitioner, his wife and sole beneficiary, as ordinary income. Sec. 126, I. R. C. 1939. 2. Deductions -- Amortization -- Cost of Insurance Agency and Renewal Commission Contract. -- Petitioner entitled to deduction for amortization of cost of contracts in amounts determined to be appropriate. 3. Income -- Withheld for Repayment of…
1Opinion of the Court
opinion.
Mupdock, Judge:
Frances’ position appears3 to be that the gross receipts here in question were not income in respect of a decedent, within the meaning of section 126, but constituted return of a section 113 (a) (5) basis and therefore did not result in taxable income to her in the years in question. This contention is apparently predicated on the theory that the contingent renewal commissions were attributable primarily to “a continuing capital investment” rather than “past services rendered” by the decedent.
We do not agree with her premise that Frank’s only connection with the…
2Cases cited11 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Etta Potson Bodoglau, Administratrix of the Estate of Michael Potson, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1956
- Burford-Toothaker Tractor Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1951
- Colonial Fabrics, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
- Moore v. CommissionerCourt of Appeals for the Seventh Circuit · 1941
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Manhattan Co. of Virginia, Inc. v. CommissionerUnited States Tax Court · 1968
- Findlay v. CommissionerUnited States Tax Court · 1962
- Estate of Goldstein v. CommissionerUnited States Tax Court · 1960
- Hodges v. CommissionerUnited States Tax Court · 1968
- Hall v. CommissionerUnited States Tax Court · 1968
21 more not listed; retrieve them via the Exa API.