Miller v. Commissioner
United States Tax Court
Petitioners, during the years 1962 through 1965, were husband and wife domiciled in a community property State. In each year the husband received retirement community income and also received commissions as sole proprietor of a real estate brokerage business.
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Petitioners, during the years 1962 through 1965, were husband and wife domiciled in a community property State. In each year the husband received retirement community income and also received commissions as sole proprietor of a real estate brokerage business. Held, for the purpose of computing the retirement income credit provided by sec. 37, I.R.C. 1954, capital was not a material income-producing factor in petitioner's business; held, further, "earned income" in such computation should be determined by reference to net profits from petitioner's business and sec. 1.37-2(a), Income Tax Regs.,…
1Opinion of the Court
Featherston, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax for the taxable years 1962 and 1963 (docket No. 5332-66) in the amounts of $609.60 and $692.76, respectively, and for the taxable years 1964 and 1965 (docket No. 1529-67) in the amounts of $512.95 and $375.14, respectively. Certain issues have been settled by the parties. The issues remaining for decision all relate to computation of the amount of retirement income credit to which petitioners are entitled under section 37:1(1) Whether capital was a material income-producing factor in petitioner’s real…
2Cases cited21 opinions
- United States v. SilkSupreme Court of the United States · 1947
- Griffiths v. CommissionerSupreme Court of the United States · 1939
- John Kelley Co. v. CommissionerSupreme Court of the United States · 1946
- Hopkins v. BaconSupreme Court of the United States · 1930
- Eastern Air Lines, Inc., and National Airlines, Inc. v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1965
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rousku v. CommissionerUnited States Tax Court · 1971
- Bruno v. CommissionerUnited States Tax Court · 1978
- Vogt v. United StatesUnited States Court of Claims · 1976
- Holland v. CommissionerUnited States Tax Court · 1978
- Colton v. CommissionerUnited States Tax Court · 1971
20 more not listed; retrieve them via the Exa API.