Claggett v. Commissioner
United States Tax Court
Petitioner corporation (which was substituted as a partner in a partnership which had, prior to the substitution, consisted of petitioner's organizer-stockholder-president and another) did not receive amounts under a contract under which it was to furnish personal services with some person other than petitioner having the right to designate the individual to perform these services or with the individual to perform the services being designated in the contract, and therefore…
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Petitioner corporation (which was substituted as a partner in a partnership which had, prior to the substitution, consisted of petitioner's organizer-stockholder-president and another) did not receive amounts under a contract under which it was to furnish personal services with some person other than petitioner having the right to designate the individual to perform these services or with the individual to perform the services being designated in the contract, and therefore petitioner is not a personal holding company because of receiving personal holding company income as defined in section…
1Opinion of the Court
Scott, Judge:
Bespondent determined deficiencies in the income tax of S. O. Claggett, Inc., for the calendar years 1958,1959, and 1960 in the respective amounts of $5,894.78, $15,449.32, and $7,663.66.
The issue for decision is whether during the taxable years 1958 through 1961 petitioner’s income was derived from a personal service contract and therefore constituted personal holding company income within the provisions of section 543(a) (7)1 of the Internal Bevenue Code of 1954.
FINDINGS OF FACT
Some of the facts have been stipulated and are found accordingly.
S. O. Claggett, Inc., hereinafter…
2Cases cited6 opinions
- Beck Chemical Equipment Corp. v. CommissionerUnited States Tax Court · 1957
- Mervyn Investment Co. v. BiberCalifornia Supreme Court · 1921
- Wilson v. WilsonCalifornia Court of Appeal · 1950
- Kurt Frings Agency, Inc. v. CommissionerUnited States Tax Court · 1964
- Able Metal Products, Inc. v. CommissionerUnited States Tax Court · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Foglesong v. CommissionerUnited States Tax Court · 1976
- Thomas P. Byrnes, Inc. v. CommissionerUnited States Tax Court · 1979
- Morrison v. CommissionerUnited States Tax Court · 1982
- Claggett v. CommissionerUnited States Tax Court · 1965
- Thomas P. Byrnes, Inc. v. CommissionerUnited States Tax Court · 1979