Legal Opinion

Miller v. Commissioner

United States Tax Court

Decided February 17, 1969No. Docket Nos. 5332-66, 1529-67Published

Petitioners, during the years 1962 through 1965, were husband and wife domiciled in a community property State. In each year the husband received retirement community income and also received commissions as sole proprietor of a real estate brokerage business.

Read the full summary

Petitioners, during the years 1962 through 1965, were husband and wife domiciled in a community property State. In each year the husband received retirement community income and also received commissions as sole proprietor of a real estate brokerage business. Held, for the purpose of computing the retirement income credit provided by sec. 37, I.R.C. 1954, capital was not a material income-producing factor in petitioner's business; held, further, "earned income" in such computation should be determined by reference to net profits from petitioner's business and sec. 1.37-2(a), Income Tax Regs.,…

1Opinion of the Court

Warren R. Miller, Sr., and Hilda B. Miller, Petitioners v. Commissioner of Internal Revenue, Respondent

Miller v. Commissioner

Docket Nos. 5332-66, 1529-67

United States Tax Court

51 T.C. 755; 1969 U.S. Tax Ct. LEXIS 190;

February 17, 1969, Filed

Decisions will be entered under Rule 50.

Petitioners, during the years 1962 through 1965, were husband and wife domiciled in a community property State. In each year the husband received retirement community income and also received commissions as sole proprietor of a real estate brokerage business. Held, for the purpose of computing the retirement income…

2Cases cited22 opinions

  1. United States v. SilkSupreme Court of the United States · 1947
  2. Griffiths v. CommissionerSupreme Court of the United States · 1939
  3. John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
  4. Hopkins v. BaconSupreme Court of the United States · 1930
  5. Eastern Air Lines, Inc., and National Airlines, Inc. v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1965

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API