Manning v. Commissioner
United States Tax Court
Petitioner married on June 30, 1939, and since that date has resided with his wife in California. On that date he had an established business, which he continued to operate through the taxable year 1941, and he had an ascertained separate property capital invested therein. The business was successful and profitable; the earnings and profits thereof being due in part to the capital invested, but primarily due to the efforts, ability, and skill of the petitioner.
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Petitioner married on June 30, 1939, and since that date has resided with his wife in California. On that date he had an established business, which he continued to operate through the taxable year 1941, and he had an ascertained separate property capital invested therein. The business was successful and profitable; the earnings and profits thereof being due in part to the capital invested, but primarily due to the efforts, ability, and skill of the petitioner. Held, that the income from the business should be apportioned between the capital invested and the petitioner's services, that the…
1Opinion of the Court
Ashley Manning, Petitioner, v. Commissioner of Internal Revenue, Respondent
Manning v. Commissioner
Docket No. 5472
United States Tax Court
8 T.C. 537; 1947 U.S. Tax Ct. LEXIS 258;
March 12, 1947, Promulgated
Decision will be entered under Rule 50.
Petitioner married on June 30, 1939, and since that date has resided with his wife in California. On that date he had an established business, which he continued to operate through the taxable year 1941, and he had an ascertained separate property capital invested therein. The business was successful and profitable; the earnings and profits thereof being…
2Cases cited11 opinions
- Poe v. SeabornSupreme Court of the United States · 1930
- Pereira v. PereiraCalifornia Supreme Court · 1909
- Van Camp v. Van CampCalifornia Court of Appeal · 1921
- Estate of GoldCalifornia Supreme Court · 1915
- Estate of McCarthyCalifornia Court of Appeal · 1932
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