Legal Opinion

Maxcy v. Commissioner

United States Tax Court

Decided March 1, 1973No. Docket No. 870-71Published

Petitioner James G. Maxcy, his brother, Von, and sister, Elizabeth, were partners in certain businesses. The partnerships in question had taxable years ending July 31. Von died on Oct. 3, 1966. The final agreement relating to the acquisition by James of Von's and Elizabeth's interests was executed on Feb. 26, 1968. Petitioners claimed the partnerships terminated on the death of Von and were thereafter operated as sole proprietorships by James.

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Petitioner James G. Maxcy, his brother, Von, and sister, Elizabeth, were partners in certain businesses. The partnerships in question had taxable years ending July 31. Von died on Oct. 3, 1966. The final agreement relating to the acquisition by James of Von's and Elizabeth's interests was executed on Feb. 26, 1968. Petitioners claimed the partnerships terminated on the death of Von and were thereafter operated as sole proprietorships by James. Held, the partnerships did not terminate until Feb. 26, 1968, and petitioners are entitled to deduct only James' pro rata share of the losses of the…

1Opinion of the Court

James G. Maxcy and Louise C. Maxcy, Petitioners v. Commissioner of Internal Revenue, Respondent

Maxcy v. Commissioner

Docket No. 870-71

United States Tax Court

59 T.C. 716; 1973 U.S. Tax Ct. LEXIS 167; 59 T.C. No. 71;

March 1, 1973, Filed

Decision for all years will be entered under Rule 50. 15

Petitioner James G. Maxcy, his brother, Von, and sister, Elizabeth, were partners in certain businesses. The partnerships in question had taxable years ending July 31. Von died on Oct. 3, 1966. The final agreement relating to the acquisition by James of Von's and Elizabeth's interests was executed on Feb. 26,…

2Cases cited40 opinions

  1. Lewis v. ReynoldsSupreme Court of the United States · 1932
  2. Shomaker v. CommissionerUnited States Tax Court · 1962
  3. Foxman v. CommissionerUnited States Tax Court · 1964
  4. Merrill v. CommissionerUnited States Tax Court · 1963
  5. Floyd R. Clodfelter and Enna L. Clodfelter v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1970

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