Legal Opinion

Falk v. Commissioner of Internal Revenue

Court of Appeals for the Third Circuit

Decided June 5, 1951No. 10380_1PublishedCited by 10 opinions

1Opinion of the Court

McLAUGHLIN, Circuit Judge.

The only issue before us is whether the income of a trust (created by the petitioner’s father in 1927) over and above the amounts payable thereunder to petitioner’s sister, is includible in the taxpayer’s gross income for the taxable year 1943. The Tax Court held that it was. The taxable year 1942 is involved by reason of the Current Tax Payment Act of 1943, 26 U.S.C.A. Int.Rev.Acts, page 385, which provides that the income and victory tax for the tax year of 1943 depends on the income of the calendar years 1942 and 1943.

Most of the facts are stipulated and the…

2Cases cited25 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. Helvering v. CliffordSupreme Court of the United States · 1940
  3. Helvering v. HorstSupreme Court of the United States · 1940
  4. Commissioner v. TowerSupreme Court of the United States · 1946
  5. Corliss v. BowersSupreme Court of the United States · 1930

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3Cited by10 opinions

  1. Gallagher v. SmithCourt of Appeals for the Third Circuit · 1955
  2. Fuller v. CommissionerUnited States Tax Court · 1961
  3. Merchants National Bank & Trust Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1957
  4. Channing v. HassettCourt of Appeals for the First Circuit · 1952
  5. Thacher v. CommissionerUnited States Tax Court · 1953

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