Pierce v. Commissioner
United States Tax Court
Sec. 107(a), as Amended, 1939 Code. -- (1) Upon the facts, held, that services of Marion B. Pierce, deceased, as general counsel for Missouri Pacific Railroad were separate and distinct from his services as an attorney appointed by the District Court to represent the railroad, a party to a reorganization under section 77 of the Bankruptcy Act, and the fee of $ 3,800 received in 1945 for such services is not to be lumped with other compensation received for services rendered…
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Sec. 107(a), as Amended, 1939 Code. -- (1) Upon the facts, held, that services of Marion B. Pierce, deceased, as general counsel for Missouri Pacific Railroad were separate and distinct from his services as an attorney appointed by the District Court to represent the railroad, a party to a reorganization under section 77 of the Bankruptcy Act, and the fee of $ 3,800 received in 1945 for such services is not to be lumped with other compensation received for services rendered in connection with a plan of reorganization. (2) Upon the facts, held, that the sum of $ 25,000 which was awarded to…
1Opinion of the Court
OPINION.
HaRRon, Judge:
In order to obtain the benefit of section 107 (a) of the Internal Revenue Code of 1939, as amended, the petitioner must show that the sum of $20,000 received by Pierce in 1945 represented “at least 80 per centum of the total compensation for personal services covering a period of thirty-six calendar months or more (from, the beginning to the completion of such services) * * (Italics supplied.) Neither party advances a contention which puts in question the meaning of the provisions of section 107 (a). The questions to be decided, therefore, are fact questions, and the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Smart v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Lum v. CommissionerUnited States Tax Court · 1949
- Civiletti v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1945
- Nast v. CommissionerUnited States Tax Court · 1946
- Loew v. CommissionerUnited States Tax Court · 1952
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Le Vant v. CommissionerUnited States Tax Court · 1965
- Irving v. CommissionerUnited States Tax Court · 1955
- Shaffer v. CommissionerUnited States Tax Court · 1957
- Bush v. CommissionerUnited States Tax Court · 1957
- Citizens Fidelity Bank & Trust Co. v. United StatesDistrict Court, W.D. Kentucky · 1957
5 more not listed; retrieve them via the Exa API.