Legal Opinion

Teschner v. Commissioner

United States Tax Court

Decided September 28, 1962No. Docket No. 90023PublishedCited by 20 opinions

The taxpayer entered a contest the rules of which precluded him from being the recipient of a prize and which required him to designate, at the time of entry in the contest, a recipient under the age of 17 years and 1 month. Taxpayer designated his 7-year-old daughter. Subsequently, his entry won a prize payable to his daughter at age 18, without restriction as to the use to which she applied said prize. Held, the prize is not includible in the gross income of the taxpayer.

1Opinion of the Court

Train, Judge:

Respondent determined a deficiency in the 1957 income tax liability of petitioners in the amount of $283.16.

The sole question is whether petitioners are taxable on a prize received by their daughter.

FINDINGS OF FACT.

Some of the facts have been stipulated and are found hereby as facts.

Petitioners Paul A. (hereinafter referred to as Paul) and Barbara M. Teschner are husband and wife. They filed a joint Federal income tax return on the cash basis for the calendar year 1957 with the director of internal revenue, Chicago, Illinois.

Sometime prior to October 2,1957, Johnson & Johnson,…

2Cases cited14 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Helvering v. HorstSupreme Court of the United States · 1940
  3. Poe v. SeabornSupreme Court of the United States · 1930
  4. Douglas v. WillcutsSupreme Court of the United States · 1935
  5. Harrison v. SchaffnerSupreme Court of the United States · 1941

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Commissioner v. First Security Bank of Utah, N. A.Supreme Court of the United States · 1972
  2. Salyersville National Bank v. United StatesCourt of Appeals for the Sixth Circuit · 1980
  3. Richard T. Armantrout v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1978
  4. Armantrout v. CommissionerUnited States Tax Court · 1977
  5. Hudlow v. CommissionerUnited States Tax Court · 1971

15 more not listed; retrieve them via the Exa API.

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