Legal Opinion
Mantell v. Commissioner
United States Tax Court
Decided January 14, 1952No. Docket No. 27978PublishedCited by 11 opinions
1Opinion of the Court
OPINION.
ARundell, Judge:
The issue before us is whether the sum of $33,320 received on the execution of the lease in 1946 should be included in petitioner’s gross income for that year. The legal principles by which the issue is to be resolved are not in dispute. If the sum is received under a present claim of full ownership, subject to the lessor’s unfettered control, and is to be applied to the rent for the last year of the term, it is income in the year of receipt even though under certain circumstances a refund may be required. Hirsch Improvement Co. v. Commissioner, 143 F. 2d 912,…
2Cases cited12 opinions
- Gilken Corporation v. Commissioner of Internal Rev.Court of Appeals for the Sixth Circuit · 1949
- Gilken Corp. v. CommissionerUnited States Tax Court · 1948
- Virginia Iron Coal & Coke Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1938
- Clinton Hotel Realty Corp. v. Com'r of Int. Rev.Court of Appeals for the Fifth Circuit · 1942
- Astor Holding Co. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1943
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City Gas Company of Florida v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1982
- Indianapolis Power & Light Co. v. CommissionerUnited States Tax Court · 1987
- Indianapolis Power & Light Company v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1988
- Oak Industries, Inc. v. CommissionerUnited States Tax Court · 1987
- Colonial Wholesale Beverage Corp. v. CommissionerUnited States Tax Court · 1988
6 more not listed; retrieve them via the Exa API.