Legal Opinion

Whitman v. Commissioner

United States Tax Court

Decided January 26, 1948No. Docket No. 12006PublishedCited by 5 opinions

Petitioner was employed as an attorney by a receiver in a liquidation proceeding from January 12, 1937, to June 25, 1942. On various occasions from 1937 to 1941, inclusive, the court having jurisdiction over the proceeding authorized and approved payments by the receiver to petitioner on account of fees for services rendered, in the total sum of $ 36,500. By order of June 25, 1942, the court authorized a final payment of $ 12,500. Held, the several payments were compensation…

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Petitioner was employed as an attorney by a receiver in a liquidation proceeding from January 12, 1937, to June 25, 1942. On various occasions from 1937 to 1941, inclusive, the court having jurisdiction over the proceeding authorized and approved payments by the receiver to petitioner on account of fees for services rendered, in the total sum of $ 36,500. By order of June 25, 1942, the court authorized a final payment of $ 12,500. Held, the several payments were compensation for professional services, constituting gross income to petitioner when received, and petitioner is not entitled to the…

1Opinion of the Court

OPINION.

Arundell, Judge:

Petitioner contends, that all payments received by him as attorney for the receiver during the years 1937 to 1941, inclusive, constituted loans rather than compensation, with the exception of $1,500 received in 1938 for services in connection with two foreclosure suits. He bases his contention on the fact that the interim payments were “on account” of services rendered and were chargeable against the total fee to be ultimately determined. Petitioner takes this position in spite of the fact that in all of the petitions filed on his behalf compensation was requested, and…

2Cases cited1 opinion

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932

3Cited by5 opinions

  1. Morrison v. CommissionerUnited States Tax Court · 1949
  2. Morrison v. CommissionerUnited States Tax Court · 1949
  3. Morrison v. CommissionerUnited States Tax Court · 1949
  4. Whitman v. CommissionerUnited States Tax Court · 1948
  5. Whitman v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1950

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