Marks v. Commissioner
United States Tax Court
The petitioner was married in 1918. His wife turned over all her property to him to be used in a jewelry business conducted by him, and over a period of many years labored with him in the store without compensation in building up the business. Besides acting as saleslady, she did much of the buying and all the advertising, and devoted her attention to managing the jewelry department, while the petitioner managed the optometrical department.
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The petitioner was married in 1918. His wife turned over all her property to him to be used in a jewelry business conducted by him, and over a period of many years labored with him in the store without compensation in building up the business. Besides acting as saleslady, she did much of the buying and all the advertising, and devoted her attention to managing the jewelry department, while the petitioner managed the optometrical department. On February 1, 1941, articles of copartnership were signed by both parties under which the petitioner was to receive a salary of $ 6,000 per annum and the…
1Opinion of the Court
OPINION.
Smith, Judge:
The only questiton with which we are here concerned is whether the partnership which existed between the petitioner and his wife for the fiscal year ended January 31,1942, is a partnership to be recognized for income tax purposes.
In Lusthaus v. Commissioner, 327 U. S. 293, it is said:
* * * The term “partnership” as used in Section 182, Internal Revenue Code, means ordinary partnerships. Burk-Waggoner Assn. v. Hopkins, 269 U. S. 110, 113. When two or more people contribute property or services to an enterprise and agree to share the proceeds, they are partners.5 * * *
In…
2Cases cited9 opinions
- Commissioner v. TowerSupreme Court of the United States · 1946
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
- Burk-Waggoner Oil Assn. v. HopkinsSupreme Court of the United States · 1925
- Meehan v. ValentineSupreme Court of the United States · 1892
- Karrick v. HannamanSupreme Court of the United States · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Drew v. CommissionerUnited States Tax Court · 1949
- Lilly v. CommissionerUnited States Tax Court · 1950
- Kuzmick v. CommissionerUnited States Tax Court · 1948
- Forsythe v. CommissionerUnited States Tax Court · 1948
- Black v. CommissionerUnited States Tax Court · 1947
8 more not listed; retrieve them via the Exa API.