Shaffer v. Commissioner
United States Tax Court
Held, that in determining whether or not at least 80 per cent of the total compensation for personal services of petitioner, as trustee under a single appointment in a reorganization proceeding, in which his services and compensation therefor covered a period of more than 36 calendar months, was received in one taxable year, all compensation received by petitioner as trustee must be taken into consideration, although the allowance of compensation to him was by separate…
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Held, that in determining whether or not at least 80 per cent of the total compensation for personal services of petitioner, as trustee under a single appointment in a reorganization proceeding, in which his services and compensation therefor covered a period of more than 36 calendar months, was received in one taxable year, all compensation received by petitioner as trustee must be taken into consideration, although the allowance of compensation to him was by separate provisions of an order of court for services rendered in relation to differing aspects of his activities as trustee in…
1Opinion of the Court
Fisher, Judge:
Respondent determined a deficiency of $4,362.56 in petitioners’ income tax for the calendar year 1951. The deficiency is based upon respondent’s determination that petitioners are not entitled to avail themselves of the provisions of section 107 (a), I. R. C. 1939, with respect to a portion of the amounts received by Ray O. Shaffer in 1951 as trustee of Texasteel Manufacturing Company, a debtor. The sole question for our decision is whether or not $26,500 received by Shaffer in 1951 is separable from other fees received by him for services as trustee of Texasteel Manufacturing…
2Cases cited14 opinions
- Smart v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Civiletti v. CommissionerUnited States Tax Court · 1944
- Lum v. CommissionerUnited States Tax Court · 1949
- Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Cowan v. Henslee, Collector of Internal Revenue. Klein v. Henslee, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1950
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Woodward v. CommissionerUnited States Tax Court · 1968
- Orangeburg Mfg. Co. v. CommissionerUnited States Tax Court · 1961
- Shaffer v. CommissionerUnited States Tax Court · 1957
- Woodward v. CommissionerUnited States Tax Court · 1968