Legal Opinion
Hyland v. Commissioner of Internal Revenue
Court of Appeals for the Second Circuit
Decided June 29, 1949No. 251, Docket 21276PublishedCited by 39 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This appeal involves the petitioner’s income tax for the year 1943. The issue is whether compensation paid him in 1943 for services rendered to a corporation in 1942 should be taxed in the year of actual receipt, as the Tax Court held, or in, the earlier year under the doctrine of “constructive receipt,” as the petitioner contends.
The facts were stipulated. During the years 1942 and 1943 Mr. Hyland, the taxpayer, owned 85.71% of the stock of a personal service corporation of which he was the president. He kept his books and filed his income tax returns on the cash receipts…
2Cases cited6 opinions
- Avery v. CommissionerSupreme Court of the United States · 1934
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Weil v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
- Sanchez v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1947
- Jacobus v. United StatesUnited States Court of Claims · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- H. O. Williams and Mrs. Ada L. Williams v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Fountain v. CommissionerUnited States Tax Court · 1973
- Humacid Co. v. CommissionerUnited States Tax Court · 1964
- Dial v. CommissionerUnited States Tax Court · 1955
- Basila v. CommissionerUnited States Tax Court · 1961
34 more not listed; retrieve them via the Exa API.