Legal Opinion

Smith v. Commissioner

Court of Appeals for the Fifth Circuit

Decided September 25, 1995No. 94-40709PublishedCited by 4 opinions

1Opinion of the Court

POLITZ, Chief Judge:

John C. and Jean P. Smith, husband and wife, appeal the judgment of the tax court determining a deficiency of $123,930 in their joint income tax for 1987. We affirm.

Background

In 1981 John Smith and Robert L. Bennett incorporated Smith-Bennett Properties, Inc. for the purchase and development of real estate. Three years later the corporation and several other investors formed a joint venture, Spicewood Springs Venture, to purchase and develop an 11.4 acre tract of undeveloped property. The venture purchased the tract from Austin Financial Corporation, a corporation owned by…

2Cases cited19 opinions

  1. Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
  2. Putnam v. CommissionerSupreme Court of the United States · 1956
  3. Tarrant Savings Association v. Lucky Homes, Inc.Texas Supreme Court · 1965
  4. Mrs. Frania Tye Lee v. Ray Lee Hunt, of the Estate of H. L. Hunt v. Hugh S. HuntCourt of Appeals for the Fifth Circuit · 1980
  5. Estate of H. H. Weinert, Deceased, Jane W. Blumberg, and Hilda B. Weinert v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1961

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3Cited by4 opinions

  1. United States v. BergbauerCourt of Appeals for the Fourth Circuit · 2010
  2. Berger v. CommissionerUnited States Tax Court · 1996
  3. In Re ColemanUnited States Bankruptcy Court, S.D. Mississippi · 2009
  4. United States v. ReyesDistrict Court, D. Massachusetts · 2006

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