Thoreson v. Commissioner
United States Tax Court
Alfred B. Thoreson received $ 4,800 from the A. O. Jostad Company in 1946 which he designated as "back pay" for the years 1932 through 1935 and claimed the benefits of sections 107 (d) (1) and 107 (d) (2) (A) (iv), Internal Revenue Code of 1939. Held, where there is no proof that there was an agreement or legal obligation existing during the prior period to pay the sum received and there is no proof that the sum would have been paid except for the intervention of an event…
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Alfred B. Thoreson received $ 4,800 from the A. O. Jostad Company in 1946 which he designated as "back pay" for the years 1932 through 1935 and claimed the benefits of sections 107 (d) (1) and 107 (d) (2) (A) (iv), Internal Revenue Code of 1939. Held, where there is no proof that there was an agreement or legal obligation existing during the prior period to pay the sum received and there is no proof that the sum would have been paid except for the intervention of an event similar in nature to bankruptcy or receivership, the amount in question is not accorded the benefits of those sections.
1Opinion of the Court
OPINION.
Bruce, Judge:
The issue in this case is whether Alfred B. Thoreson received “back pay” in 1946 from the A. O. Jostad Company which would have been paid in 1932, 1933, 1934, and 1935 except for the intervention of an event similar in nature to bankruptcy or receivership within the meaning of sections 107 (d) (1) and 107 (d) (2) (A) (iv), Internal Bevenue Code of 1939.1
Petitioner contends that the financial condition of the A. O. Jostad Company in 1932 through 1935 was an event similar to bankruptcy or receivership.
The parties are in agreement and the record clearly shows that the A. O.…
2Cases cited7 opinions
- Kenny v. CommissionerUnited States Tax Court · 1945
- Cowan v. Henslee, Collector of Internal Revenue. Klein v. Henslee, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1950
- Langer's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1950
- Bavis v. CommissionerUnited States Tax Court · 1952
- Sedlack v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1953
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thoreson v. CommissionerUnited States Tax Court · 1954