McLarry v. Commissioner
United States Board of Tax Appeals
1. Husband and wife were domiciled in Texas. The wife reported one-half of the income received in 1924 from services rendered by the husband and claimed such amount to be earned income within the provisions of section 209, Revenue Act of 1924. Held, such earnings of the husband are not earned income of the wife. 2. Under the laws of Texas, the wife's interest in community income arises from the marital relationship, irrespective of the performance of any services by her. 3.…
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1. Husband and wife were domiciled in Texas. The wife reported one-half of the income received in 1924 from services rendered by the husband and claimed such amount to be earned income within the provisions of section 209, Revenue Act of 1924. Held, such earnings of the husband are not earned income of the wife. 2. Under the laws of Texas, the wife's interest in community income arises from the marital relationship, irrespective of the performance of any services by her. 3. Quaere, whether the decisions of the state courts need to be considered in determining what constitutes earned income…
1Opinion of the Court
OPINION.
Phillips:
The sole question involved is whether the one-half of the amount earned by a husband from his personal services and reported by the wife as her income under the community property laws of Texas, is subject to taxation as earned income of the wife. Section 209 of the Revenue Act of 1924, so far as material, provides:(a) For the purposes of this section—(1) The term “earned income” means wages, salaries, professional fees, and other amounts received as compensation for personal services actually rendered, but does not include that part of the compensation derived by the…
2Cases cited6 opinions
- United States v. RobbinsSupreme Court of the United States · 1926
- Barkley v. DumkeTexas Supreme Court · 1905
- Durrett v. RobinsonTexas Supreme Court · 1910
- Morgan v. MorganCourt of Appeals of Texas · 1892
- Merrell v. MooreCourt of Appeals of Texas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Andrews v. CommissionerUnited States Board of Tax Appeals · 1932
- McLarry v. CommissionerUnited States Board of Tax Appeals · 1927