Legal Opinion

Kralstein v. Commissioner

United States Tax Court

Decided September 10, 1962No. Docket No. 84257Published

1. Petitioners received $ 60,916.15 (in cash and personal property) in 1956 in connection with a testimonial dinner given in honor of petitioner husband as vice president of the Bakery and Confectionery Workers' of America International Union. The funds used for this purpose were furnished by many persons, corporations, and business organizations whose motives and intentions in respect thereto were not uniform.

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1. Petitioners received $ 60,916.15 (in cash and personal property) in 1956 in connection with a testimonial dinner given in honor of petitioner husband as vice president of the Bakery and Confectionery Workers' of America International Union. The funds used for this purpose were furnished by many persons, corporations, and business organizations whose motives and intentions in respect thereto were not uniform. Held: $ 12,000 of the amount received is excludible from gross income as a "gift." The remainder did not constitute a gift and is not excludible from gross income. Sec. 102(a), I.R.C.…

1Opinion of the Court

Max Kralstein and Bessie Kralstein, Petitioners, v. Commissioner of Internal Revenue, Respondent

Kralstein v. Commissioner

Docket No. 84257

United States Tax Court

38 T.C. 810; 1962 U.S. Tax Ct. LEXIS 85;

September 10, 1962, Filed

Decision will be entered under Rule 50.

1. Petitioners received $ 60,916.15 (in cash and personal property) in 1956 in connection with a testimonial dinner given in honor of petitioner husband as vice president of the Bakery and Confectionery Workers' of America International Union. The funds used for this purpose were furnished by many persons, corporations, and business…

2Cases cited8 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Commissioner v. DubersteinSupreme Court of the United States · 1960
  3. Commissioner v. LoBueSupreme Court of the United States · 1956
  4. Bogardus v. CommissionerSupreme Court of the United States · 1937
  5. Silverman v. CommissionerUnited States Tax Court · 1957

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