Denison v. Commissioner
United States Tax Court
Upon the facts, held, that J. P. Denison Co. did not constitute a valid partnership between petitioner and his wife for tax purposes during 1942 and 1943, and that all of its net income for those years is includible in the income of petitioner.
1Opinion of the Court
OPINION.
Hill, Judge:
The sole question in this case is whether on the facts and under applicable rules of law there was during the taxable years 1942 and 1943 a valid partnership between petitioner and Mrs. Denison. The law is clear that it is possible for a husband to form a partnership with his wife which will be recognized for tax purposes. Commissioner v. Tower, 327 U. S. 280; Lusthaus v. Commissioner, 327 U. S. 293. Therefore it is a question of fact whether Denison and Mrs. Denison intended to operate J. P. Denison Co. as a bona fide partnership or whether Mrs. Denison was a partner in…
2Cases cited4 opinions
- Commissioner v. TowerSupreme Court of the United States · 1946
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
- Greene v. CommissionerUnited States Tax Court · 1946
- Greenberg v. CommissionerUnited States Tax Court · 1945
3Cited by1 opinion
- Denison v. CommissionerUnited States Tax Court · 1948