Legal Opinion
Ralph Furrer and Rosemarie Furrer v. Commissioner of Internal Revenue
Court of Appeals for the Ninth Circuit
Decided December 30, 1977No. 77-1588PublishedCited by 12 opinions
1Per curiam
In this case we review the finding of the Tax Court that the damages taxpayer received for breach of his agency contract with an insurance company are taxable as ordinary income and not as capital gain. We affirm.
Ralph Furrer was a special agent for Industrial Hospital Association (IHA). His contract with IHA gave him the exclusive right to recruit agents to sell IHA’s policies; he also developed new types of policies for IHA. He was paid entirely on a commission basis, computed as a percentage of gross premiums paid on policies. The agreement provided for termination without notice, but IHA…
2Cases cited10 opinions
- Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
- Hort v. CommissionerSupreme Court of the United States · 1941
- Harrison E. Spangler and Myrtle B. Spangler v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- Nat Holt and Blanche Holt, Husband and Wife v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- Brown v. CommissionerUnited States Tax Court · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Alexander v. Internal Revenue Service of the United StatesCourt of Appeals for the First Circuit · 1995
- Davis v. Comm'rUnited States Tax Court · 2002
- United States v. J. Michael Maginnis Janet Y. MaginnisCourt of Appeals for the Ninth Circuit · 2004
- Trantina v. United StatesCourt of Appeals for the Ninth Circuit · 2008
- Clark v. CommissionerUnited States Tax Court · 1994
7 more not listed; retrieve them via the Exa API.