Kahn v. Commissioner
United States Board of Tax Appeals
Petitioner and his wife with two others formed a partnership to engage in the real estate business, the profits from which were divided equally between the four partners. The wife's portion of the profits was taxed by respondent as income of the petitioner. Held, that the profits belonged to the wife and should not have been included in petitioner's income. L. F. Sunlin,6 B.T.A. 1232, and Earle L. Crossman,10 B.T.A. 248.
1Opinion of the Court
*129OPINION.
Moréis:
The question presented for determination is whether the petitioner should be taxed on his wife’s distributive share of the net income of the Kahn Kealty Co. The respondent contends that under the laws of the State of Michigan a husband and wife can not be partners in a business enterprise and that the income of the husband and wife from the Kahn Realty Co. is taxable to the petitioner.
The principle involved here has been carefully considered and disposed of by the Board in the proceedings of L. F. Sunlin, 6 B. T. A. 1232; Earle L. Crossman, 10 B. T. A. 248. The facts in this…
2Cited by1 opinion
- Kahn v. CommissionerUnited States Board of Tax Appeals · 1928