Legal Opinion

Sherwood v. Commissioner

United States Tax Court

Decided June 30, 1953No. Docket No. 41246Published

Ordinary Income or Capital Gain -- Accounts Receivable Collected -- Section 117 (a) (4). -- A business, in which the cash method of accounting was used, was sold but the accounts receivable were retained and later collected by the creditor from the debtors. Held, the income from the collection of the accounts was ordinary income and not capital gains.

1Opinion of the Court

DeWitt M. Sherwood and Edith Sherwood, Petitioners, v. Commissioner of Internal Revenue, Respondent

Sherwood v. Commissioner

Docket No. 41246

United States Tax Court

20 T.C. 733; 1953 U.S. Tax Ct. LEXIS 98;

June 30, 1953, Promulgated

Decision will be entered for the respondent.

Ordinary Income or Capital Gain -- Accounts Receivable Collected -- Section 117 (a) (4). -- A business, in which the cash method of accounting was used, was sold but the accounts receivable were retained and later collected by the creditor from the debtors. Held, the income from the collection of the accounts was ordinary…

2Cases cited7 opinions

  1. Hale v. HelveringCourt of Appeals for the D.C. Circuit · 1936
  2. Smith v. CommissionerUnited States Tax Court · 1953
  3. Fahey v. CommissionerUnited States Tax Court · 1951
  4. Sherwood v. CommissionerUnited States Tax Court · 1953
  5. Sovik v. ShaughnessyDistrict Court, N.D. New York · 1950

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