Oliver v. Commissioner
United States Tax Court
Petitioner, married and residing with his wife in California since prior to July 29, 1927, had on that date an established business which he continued to operate thereafter through the taxable years 1938 and 1939. Petitioner had an ascertained separate property capital invested in the business at July 29, 1927. The business was profitable, the earnings and profits thereof being due in part to the capital invested, but mainly due to the activities, management, and skill of…
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Petitioner, married and residing with his wife in California since prior to July 29, 1927, had on that date an established business which he continued to operate thereafter through the taxable years 1938 and 1939. Petitioner had an ascertained separate property capital invested in the business at July 29, 1927. The business was profitable, the earnings and profits thereof being due in part to the capital invested, but mainly due to the activities, management, and skill of petitioner, whose full time was devoted to its operation. Held, that that part of the business income which equals a…
1Opinion of the Court
OPINION.
Hill, Judge:
This proceeding involves income taxes for 1938 and 1939. The respondent determined deficiencies in petitioner’s income tax as a result of reducing the amount of the community income of petitioner and wife as claimed by him in his income tax returns and correspondingly increasing his separate income. The petitioner now claims an overpayment in tax for each of the years for failure to allocate a sufficient portion of the income of the business to services rendered by him therein and consequently community income, only one-half of which was taxable to him.
At July 29,1927, all…
2Cases cited7 opinions
- Pereira v. PereiraCalifornia Supreme Court · 1909
- Estate of GoldCalifornia Supreme Court · 1915
- Estate of McCarthyCalifornia Court of Appeal · 1932
- In Re Esate of CudworthCalifornia Supreme Court · 1901
- Caswell v. CaswellCalifornia Court of Appeal · 1930
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eaton v. CommissionerUnited States Tax Court · 1948
- Van Vorst v. CommissionerUnited States Tax Court · 1946
- Tinling v. CommissionerUnited States Tax Court · 1946
- Manning v. CommissionerUnited States Tax Court · 1947
- Todd v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1945
8 more not listed; retrieve them via the Exa API.