Legal Opinion

Anderson v. Commissioner

United States Tax Court

Decided May 6, 1946No. Docket No. 4423PublishedCited by 18 opinions

Held, husband and wife were equal partners in a business in 1941 and entitled to divide its income equally between them, where both contributed capital to the business and both performed services in its operation.

1Opinion of the Court

OPINION.

Van Fossan, Judge:

The principal issue before us is whether the petitioner and his wife were equal partners in the conduct and operation of the Standard Die Cast Die Co. during 1941 and hence are entitled to divide its net profits for that year equally between them for income tax purposes. The respondent has determined that the petitioner was the sole owner of the company during 1941 and that, in consequence, its earnings for that year are taxable to him in their entirety.

The Supreme Court, in the recent case of Commissioner v. Tower, 327 U. S. 280, stated the rule to be applied as…

2Cases cited3 opinions

  1. Commissioner v. TowerSupreme Court of the United States · 1946
  2. Zukaitis v. CommissionerUnited States Tax Court · 1944
  3. Drennen v. London Assurance Co.Supreme Court of the United States · 1885

3Cited by18 opinions

  1. Schnitzer v. CommissionerUnited States Tax Court · 1949
  2. Shannon v. CommissionerUnited States Tax Court · 1958
  3. Aldrich v. UsryDistrict Court, E.D. Louisiana · 1962
  4. Estate of Depue v. CommissionerUnited States Tax Court · 1949
  5. Kuzmick v. CommissionerUnited States Tax Court · 1948

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