Legal Opinion

Leonard Greene and Joyce Greene v. United States

Court of Appeals for the Second Circuit

Decided January 6, 1994No. 19-3410PublishedCited by 237 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

This appeal concerns the tax consequences arising from taxpayers’ charitable donation of futures contracts while retaining the right to a portion of the income from the subsequent sale of the contracts by the charity. Its resolution requires us to revisit a line of cases beginning with Lucas v. Earl, 281 U.S. 111, 50 S.Ct. 241, 74 L.Ed. 731 (1930), and relied upon in Helvering v. Horst, 311 U.S. 112, 61 S.Ct. 144, 85 L.Ed. 75 (1940), to determine whether the district court properly treated the taxpayers’ donation as a gift of “the tree,” with a retained right to some…

2Cases cited26 opinions

  1. Singleton v. WulffSupreme Court of the United States · 1976
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Lucas v. EarlSupreme Court of the United States · 1930
  4. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  5. Helvering v. HorstSupreme Court of the United States · 1940

21 more not listed; retrieve them via the Exa API.

3Cited by237 opinions

  1. Caidor v. Onondaga CountyCourt of Appeals for the Second Circuit · 2008
  2. Krumme v. WestPoint Stevens Inc.Court of Appeals for the Second Circuit · 2000
  3. Schnabel v. Trilegiant Corp. & Affinion, Inc.Court of Appeals for the Second Circuit · 2012
  4. Diesel v. Town of LewisboroCourt of Appeals for the Second Circuit · 2000
  5. Susan A. Desiderio v. National Association of Securities Dealers, Inc.Court of Appeals for the Second Circuit · 1999

232 more not listed; retrieve them via the Exa API.

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