Moke Epstein, Inc. v. Commissioner
United States Tax Court
Petitioner corporation was an authorized dealer in Chevrolet automobiles. Its president had, for 10 years prior to and including the years involved, been an authorized insurance agent for an automobile insurance company; and he solicited and wrote insurance on cars sold by the petitioner. All policies issued by the insurer on applications obtained through him were sent to him for countersigning as agent, and for delivery to the applicants.
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Petitioner corporation was an authorized dealer in Chevrolet automobiles. Its president had, for 10 years prior to and including the years involved, been an authorized insurance agent for an automobile insurance company; and he solicited and wrote insurance on cars sold by the petitioner. All policies issued by the insurer on applications obtained through him were sent to him for countersigning as agent, and for delivery to the applicants. Monthly accountings were made to him by the insurer; and checks for insurance commissions were issued to him, as agent. He deposited all such checks in his…
1Opinion of the Court
Pierce, Judge:
The Commissioner determined deficiencies in petitioner’s income tax, in the amounts of $2,861.34 for the year 1951, and $4,465 for the year 1952. Several of the adjustments set forth in the notice of deficiency were not contested.
The sole issue for decision is: Where the president of the petitioner corporation, which was a dealer in automobiles, was individually an authorized agent for an automobile insurance company, should the insurance commissions which the insurance company paid to him in respect of policies sold to petitioner’s customers be included in the income of…
2Cases cited4 opinions
- Commissioner of Internal Revenue v. Chelsea Products, IncCourt of Appeals for the Third Circuit · 1952
- Miles-Conley Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1949
- Miles-Conley Co. v. CommissionerUnited States Tax Court · 1948
- Ray Waits Motors, Inc. v. United StatesDistrict Court, E.D. South Carolina · 1956
3Cited by20 opinions
- Ballentine Motor Co., Inc., Ballentine's, and Ballentine Motors, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1963
- Ballentine Motor Co. v. CommissionerUnited States Tax Court · 1962
- Hartman v. CommissionerUnited States Tax Court · 1964
- Crowley v. CommissionerUnited States Tax Court · 1960
- First Security Bank of Utah, N. A. v. CommissionerCourt of Appeals for the Tenth Circuit · 1971
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