Upthegrove v. Commissioner
United States Board of Tax Appeals
Petitioner and his wife, residents of Missouri, owned corporate stock as tenants by the entirely on which dividends were paid in 1932. Held, that in the absence of an agreement for the dividsion of the dividends, the husband is taxable upon one half thereof. George E. Saulsbury,27 B.T.A. 744, followed.
1Opinion of the Court
OPINION.
Arundell:
This proceeding involves a deficiency in income tax determined by the respondent in the amount of $481.31 for the calendar year 1932. The parties agree that in any event there is a deficiency in the amount of $169.52. The remainder of the deficiency arises from the respondent’s inclusion in petitioner’s income of dividends which had been returned by the petitioner’s wife. The issue is whether such dividends were income to the petitioner.
The facts were stipulated and we adopt the stipulation as our findings of fact. It appears that in 1932 the petitioner and his wife owned…
2Cases cited1 opinion
- Rezabek v. RezabekMissouri Court of Appeals · 1917
3Cited by9 opinions
- Morgan v. Finnegan, Collector of Internal RevenueCourt of Appeals for the Eighth Circuit · 1950
- Commissioner of Internal Revenue v. HartCourt of Appeals for the Third Circuit · 1939
- Morgan v. FinneganDistrict Court, E.D. Missouri · 1949
- Rosen v. CommissionerUnited States Tax Court · 1994
- Bacher v. CommissionerUnited States Tax Court · 1977
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