Legal Opinion

Gem Theatre Co. v. Commissioner

United States Board of Tax Appeals

Decided September 27, 1927No. Docket No. 9264PublishedCited by 1 opinion

Item determined to be part of petitioner's gross income.

1Opinion of the Court

*314OPINION.

Lansdon :

The issue raised by this proceeding is whether the total consideration of $25,000 paid by the vendees in 1921 as the result of the performance of a contract to sell dated April 26, 1921, represents gross income to the petitioner.

The profit resulting from the transaction was $22,392.19. The total consideration for the sale in question was $25,000. The petitioner claims that of said consideration, the amount of $16,660 represents the allocated sales price of property sold and belonging to its individual stockholders, Augustus Botto and A1 Meyers. In other words, the petitioner…

2Cases cited7 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. SettegastTexas Supreme Court · 1891
  2. German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
  3. Bass v. WestSupreme Court of Georgia · 1900
  4. Jackson v. KnightCourt of Appeals of Texas · 1917
  5. Lincoln Furniture Co. v. BornsteinNew Jersey Court of Chancery · 1926

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3Cited by1 opinion

  1. Gem Theatre Co. v. CommissionerUnited States Board of Tax Appeals · 1927

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