Legal Opinion

Wattley v. Commissioner

United States Tax Court

Decided December 11, 1958No. Docket No. 62297Published

Petitioner, the owner of all of the stock of a corporation, conducted a real estate brokerage business in its name. In 1951 he received from it a commission which it earned, through services rendered by him as its representative, for negotiating a lease. The commission received did not represent at least 80 per centum of the total compensation for personal services received by petitioner from the corporation during the period covered by the services.

Read the full summary

Petitioner, the owner of all of the stock of a corporation, conducted a real estate brokerage business in its name. In 1951 he received from it a commission which it earned, through services rendered by him as its representative, for negotiating a lease. The commission received did not represent at least 80 per centum of the total compensation for personal services received by petitioner from the corporation during the period covered by the services. Held, the entire commission is taxable income of petitioner for 1951, and section 107 (a) of the Internal Revenue Code of 1939 is not applicable.

1Opinion of the Court

Ralph B. Wattley and Josephine R. Wattley, Petitioners, v. Commissioner of Internal Revenue, Respondent

Wattley v. Commissioner

Docket No. 62297

United States Tax Court

31 T.C. 510; 1958 U.S. Tax Ct. LEXIS 21;

December 11, 1958, Filed

Decision will be entered under Rule 50.

Petitioner, the owner of all of the stock of a corporation, conducted a real estate brokerage business in its name. In 1951 he received from it a commission which it earned, through services rendered by him as its representative, for negotiating a lease. The commission received did not represent at least 80 per centum of the…

2Cases cited10 opinions

  1. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  2. National Investors Corporation v. HoeyCourt of Appeals for the Second Circuit · 1944
  3. Paymer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
  4. Smart v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
  5. Commissioner of Internal Revenue v. Moline Properties, Inc.Court of Appeals for the Fifth Circuit · 1942

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API