Foster v. Commissioner
United States Tax Court
Held, petitioner's monthly drawing account, which he received while in Saudi Arabia as a partner of a domestic partnership, represented a distribution of reportable partnership profits and not "guaranteed payments" that would constitute "earned income" from sources without the United States wholly excludable from gross income and exempt from taxation as provided for under section 911(a) of the Internal Revenue Code of 1954.
1Opinion of the Court
Arundell, Judge:
Respondent determined a deficiency in income tax for tbe calendar year 1956 in tbe amount of $2,773.08. Petitioner alleges tbat instead of a deficiency be bas overpaid bis taxes for 1956 in tbe amount of $251.11.
One error is assigned as follows:(a) The Commissioner determined that the petitioner’s income from the Emerson Engineers, a partnership, was $14,115.06, and erroneously allocated $13,-562.79 to income from domestic sources and $552.27 to income from foreign sources.
FINDINGS OF FACT-
Some of tbe facts were stipulated and are so found.
Petitioner is an adult citizen of tbe…
2Cases cited3 opinions
- Falconer v. CommissionerUnited States Tax Court · 1963
- Thomas Browne Foster v. United StatesCourt of Appeals for the Second Circuit · 1964
- Foster v. United StatesDistrict Court, S.D. New York · 1963
3Cited by6 opinions
- Miller v. CommissionerUnited States Tax Court · 1969
- Pratt v. CommissionerUnited States Tax Court · 1975
- Vogt v. United StatesUnited States Court of Claims · 1976
- Foster v. CommissionerUnited States Tax Court · 1964
- Miller v. CommissionerUnited States Tax Court · 1969
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