Legal Opinion
Daniel S. Kampel and Clarisse Kampel v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided November 25, 1980No. Docket 80-4020PublishedCited by 18 opinions
1Opinion of the Court
NEWMAN, Circuit Judge:
This appeal involves the narrow question whether guaranteed partnership income, viewed as salary by Internal Revenue Code § 707(c), is subject to the limits on taxation of earned income imposed by Code § 1348, for tax years prior to 1978. 1 The taxpayer-appellant treated all of his § 707(c) payments as earned income in order to receive the more favorable 50% maximum tax rate of § 1348. However, under Treasury Regulation § 1.1348-3(a)(3)(i), all § 707(c) payments, despite their salary characterization, must be included in a taxpayer’s aggregate partnership income, of…
2Cases cited12 opinions
- Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
- Miller v. CommissionerUnited States Tax Court · 1969
- Eugene R. Thrash v. A. J. O'donnell, Jr., District Director, Internal Revenue Service, United States of America, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1971
- Edward T. And Billie R. Pratt, William D. And Anita Pratt, Jack E. And Crystal A. Pratt v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1977
- Anne Moen Bullitt Brewster v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1973
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Church of Scientology v. CommissionerUnited States Tax Court · 1984
- International Tel. & Tel. Corp. etc. v. CommissionerUnited States Tax Court · 1981
- JENKINS v. COMMISSIONERUnited States Tax Court · 1994
- Shami v. CommissionerCourt of Appeals for the Fifth Circuit · 2014
- Vincent Farrell, Jr. And Clotilde Farrell v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1998
13 more not listed; retrieve them via the Exa API.