Legal Opinion

Spreckels v. Commissioner

Supreme Court of the United States

Decided March 16, 1942No. 581 and 582PublishedCited by 96 opinions

1Opinion of the CourtJustice Black

During 1934 and 1935, the petitioner bought and sold stocks, bonds, and commodities. In connection with the sales, he paid selling commissions to brokers, and in his books these commissions were deducted from selling price before net profit or loss was determined. In his income tax returns for 1934 and 1935, he treated the commissions similarly, not making deductions for them as ordinary and necessary business expenses. In 1939, however, in the course of proceedings before the Board of Tax Appeals, 1 the petitioner asserted that he was entitled to tax-refunds, for the reason that his failure…

2Cases cited6 opinions

  1. Helvering v. WinmillSupreme Court of the United States · 1938
  2. Helvering v. Union Pacific RailroadSupreme Court of the United States · 1934
  3. Commissioner of Internal Revenue v. CovingtonCourt of Appeals for the Fifth Circuit · 1941
  4. Neuberger v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1939
  5. Winmill v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1937

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

3Cited by96 opinions

  1. Woodward v. CommissionerSupreme Court of the United States · 1970
  2. Dwight A. Ward v. Commissioner of Internal Revenue, Hanna P. Ward v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
  3. Newcombe v. CommissionerUnited States Tax Court · 1970
  4. Towanda Textiles, Inc. v. United StatesUnited States Court of Claims · 1960
  5. Lowenstein v. CommissionerUnited States Tax Court · 1944

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

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