Legal Opinion

Rosenberg v. Commissioner

United States Tax Court

Decided June 10, 1946No. Docket Nos. 4953, 4954, 4955, 4956, 4957, 4958, 4959, 4960, 4961, 4962, 4963, 4978Published

1. A father and son conducted a business in partnership, commencing in 1936. In 1939 three younger sons, all of whom had been employed in the business for many years, demanded an interest in the business. An oral agreement was concluded whereby the three younger sons were each given a 10 per cent interest in the business and, in addition, their mother was also given a 10 per cent interest.

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1. A father and son conducted a business in partnership, commencing in 1936. In 1939 three younger sons, all of whom had been employed in the business for many years, demanded an interest in the business. An oral agreement was concluded whereby the three younger sons were each given a 10 per cent interest in the business and, in addition, their mother was also given a 10 per cent interest. Held, the three sons were members of the partnership in 1940 and 1941, where they contributed substantial services to the business and the evidence showed a real intention to carry on the business in…

1Opinion of the Court

Esther Rosenberg, Transferee of Assets Received From Joseph D. Rosenberg, Deceased, Petitioner, et al., 1 v. Commissioner of Internal Revenue, Respondent

Rosenberg v. Commissioner

Docket Nos. 4953, 4954, 4955, 4956, 4957, 4958, 4959, 4960, 4961, 4962, 4963, 4978

United States Tax Court

7 T.C. 73; 1946 U.S. Tax Ct. LEXIS 162;

June 10, 1946, Promulgated

Decisions will be entered under Rule 50.

1. A father and son conducted a business in partnership, commencing in 1936. In 1939 three younger sons, all of whom had been employed in the business for many years, demanded an interest in the business. An…

2Cases cited6 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Commissioner v. TowerSupreme Court of the United States · 1946
  3. Greenberg v. CommissionerUnited States Tax Court · 1945
  4. Michigan Trust Co. v. City of Grand RapidsMichigan Supreme Court · 1933
  5. Hankey v. FrenchMichigan Supreme Court · 1937

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