Legal Opinion
Bratter v. United States
District Court, S.D. New York
Decided March 31, 1958PublishedCited by 5 opinions
1Opinion of the Court
BICKS, District Judge.
The taxpayers reported for Federal income tax purposes certain receipts (hereinafter more fully described) for the years 1948 and 1949 as capital gains. The Commissioner of Internal Revenue determined that they constituted ordinary income and assessed appropriate deficiencies which were paid. Refund thereof is sought in this suit.
Two issues of law and one of fact are presented: are the receipts in question taxable to plaintiffs as long term capital gains; would they have been so taxable to the entity from which taxpayers acquired the right thereto; and was the…
2Cases cited9 opinions
- Arrowsmith v. CommissionerSupreme Court of the United States · 1952
- Helvering v. New York Trust Co.Supreme Court of the United States · 1934
- Commissioner of Internal Revenue v. HopkinsonCourt of Appeals for the Second Circuit · 1942
- Lewis N. Cotlow v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1955
- New York Trust Co. v. CommissionerCourt of Appeals for the Second Circuit · 1933
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chamberlin v. CommissionerUnited States Tax Court · 1959
- McCullough v. Comm'rUnited States Tax Court · 1962
- McCullough v. CommissionerUnited States Tax Court · 1962
- Chamberlin v. CommissionerUnited States Tax Court · 1959
- McCullough v. Comm'rUnited States Tax Court · 1962