Legal Opinion

ZIMMERMANN v. COMMISSIONER

United States Board of Tax Appeals

Decided July 13, 1937No. Docket Nos. 82491, 82488Published

Where a husband sold securities through a broker at the market price to his sife, and she sold other securities through the same broker at the market price to her husband; each spouse having ample funds in his own name to pay for the securities so purchased; each spouse having a separate account with the broker; each spouse maintaining separate books of account and the sales in each case being conducted in the usual manner; there being no agreement for return of purchase…

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Where a husband sold securities through a broker at the market price to his sife, and she sold other securities through the same broker at the market price to her husband; each spouse having ample funds in his own name to pay for the securities so purchased; each spouse having a separate account with the broker; each spouse maintaining separate books of account and the sales in each case being conducted in the usual manner; there being no agreement for return of purchase price, for repurchase or reacquisition, and there being actually no reacquisition of any such securities by either…

1Opinion of the Court

JOHN E. ZIMMERMANN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

SARAH A. F. ZIMMERMANN, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

ZIMMERMANN v. COMMISSIONER

Docket Nos. 82491, 82488.

United States Board of Tax Appeals

36 B.T.A. 279; 1937 BTA LEXIS 735;

July 13, 1937, Promulgated

Where a husband sold securities through a broker at the market price to his sife, and she sold other securities through the same broker at the market price to her husband; each spouse having ample funds in his own name to pay for the securities so purchased; each spouse having a separate…

2Cases cited13 opinions

  1. Poe v. SeabornSupreme Court of the United States · 1930
  2. Mitchell v. CommissionerUnited States Board of Tax Appeals · 1935
  3. Hooper v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Uihlein v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Burton v. CommissionerUnited States Board of Tax Appeals · 1933

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