Legal Opinion

Munson v. Commissioner of Internal Revenue

Court of Appeals for the Second Circuit

Decided December 5, 1938No. 35PublishedCited by 7 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

The petitioner Munson was a bond and stock broker from 1915 to December 31, 1928. On July 1, 1925, he and one Adrian agreed in writing to form a partnership “for the transaction of the business of brokers and dealers in stocks, bonds and other securities, under the firm name of Munson & Adrian” and to divide all profits and losses equally. While there was no provision in the agreement for a capital contribution by Munson he contributed $50,000 in cash plus certain securities. By 1928 his capital contributions had increased to $100,-000. He also furnished about…

2Cases cited3 opinions

  1. In Re the Accounting of HearnsNew York Court of Appeals · 1915
  2. In re SwiftDistrict Court, D. Massachusetts · 1902
  3. In Re AmyCourt of Appeals for the Second Circuit · 1927

3Cited by7 opinions

  1. Commissioner of Internal Revenue v. ShapiroCourt of Appeals for the Sixth Circuit · 1942
  2. McClellan v. Commissioner of Internal Rev.Court of Appeals for the Second Circuit · 1941
  3. Shapiro v. United StatesDistrict Court, D. Minnesota · 1949
  4. Levinson v. CommissionerCourt of Appeals for the Second Circuit · 1946
  5. Williams v. McGowanDistrict Court, W.D. New York · 1944

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