Legal Opinion

Gutierrez v. Commissioner

United States Tax Court

Decided December 18, 1969No. Docket No. 5958-66Published

Petitioner became a resident alien on Mar. 1, 1961, and held this status through Dec. 31, 1961. His foreign personal holding company operated on a fiscal year ended Aug. 31, 1961. Held, that under sec. 551(b), I.R.C. 1954, the portion of the taxable income of the foreign personal holding company allocable to that part of its fiscal year during which petitioner was a nonresident alien is not includable in petitioner's gross income for 1961 as undistributed foreign personal…

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Petitioner became a resident alien on Mar. 1, 1961, and held this status through Dec. 31, 1961. His foreign personal holding company operated on a fiscal year ended Aug. 31, 1961. Held, that under sec. 551(b), I.R.C. 1954, the portion of the taxable income of the foreign personal holding company allocable to that part of its fiscal year during which petitioner was a nonresident alien is not includable in petitioner's gross income for 1961 as undistributed foreign personal holding company income. Marsman v. Commissioner, 205 F. 2d 335 (C.A. 4, 1953), reversing 18 T.C. 1 (1952) on this issue,…

1Opinion of the Court

Silvio Gutierrez, Petitioner v. Commissioner of Internal Revenue, Respondent

Gutierrez v. Commissioner

Docket No. 5958-66

United States Tax Court

53 T.C. 394; 1969 U.S. Tax Ct. LEXIS 9;

December 18, 1969, Filed

Decision will be entered under Rule 50.

Petitioner became a resident alien on Mar. 1, 1961, and held this status through Dec. 31, 1961. His foreign personal holding company operated on a fiscal year ended Aug. 31, 1961. Held, that under sec. 551(b), I.R.C. 1954, the portion of the taxable income of the foreign personal holding company allocable to that part of its fiscal year during which…

Also in this document: Dissent.

2Cases cited12 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Schulde v. CommissionerSupreme Court of the United States · 1963
  3. Hatfried, Inc. v. Commissioner of Internal Rev.Court of Appeals for the Third Circuit · 1947
  4. Parker v. LesterCourt of Appeals for the Ninth Circuit · 1955
  5. Marsman v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1953

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