Legal Opinion

Buckner v. Commissioner

United States Board of Tax Appeals

Decided August 14, 1934No. Docket No. 72669Published

The evidence does not establish that petitioner was an officer of the State of New York while serving as a special assistant attorney-general. Held, following Commissioner v. Murphy, 70 Fed.(2d) 790, and George Z. Medalie,30 B.T.A. 1283, that the compensation for such services is not exempt from Federal income tax.

1Opinion of the Court

EMORY R. BUCKNER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Buckner v. Commissioner

Docket No. 72669.

United States Board of Tax Appeals

31 B.T.A. 84; 1934 BTA LEXIS 1163;

August 14, 1934, Promulgated

The evidence does not establish that petitioner was an officer of the State of New York while serving as a special assistant attorney-general. Held, following Commissioner v. Murphy, 70 Fed.(2d) 790, and George Z. Medalie,30 B.T.A. 1283, that the compensation for such services is not exempt from Federal income tax.

George E. Cleary, Esq., for the petitioner.

George D. Brabson, Esq.,…

2Cases cited4 opinions

  1. People v. ConnollyNew York Court of Appeals · 1930
  2. People v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1929
  3. Union & Peoples National Bank of Jackson v. CommissionerUnited States Board of Tax Appeals · 1934
  4. Buckner v. CommissionerUnited States Board of Tax Appeals · 1934

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