Reynolds v. Commissioner
United States Tax Court
1. The services rendered by petitioner in the sale of 240 tanks for use of the Chinese Government were only part of his services under his employment contract, and the compensation therefor not being 80 per cent of his total compensation for the services rendered, it is held that the provisions of section 107 (a) of the Internal Revenue Code of 1939 are not applicable. 2. Held, that a bona fide and valid partnership was formed by petitioner and his wife for the conduct of…
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1. The services rendered by petitioner in the sale of 240 tanks for use of the Chinese Government were only part of his services under his employment contract, and the compensation therefor not being 80 per cent of his total compensation for the services rendered, it is held that the provisions of section 107 (a) of the Internal Revenue Code of 1939 are not applicable. 2. Held, that a bona fide and valid partnership was formed by petitioner and his wife for the conduct of business which had formerly been that of petitioner alone, and that the business was thereafter conducted by the…
1Opinion of the Court
OPINION.
Turner, Judge:
It is the position of the petitioner that of the payments received by him in 1942 from Marmon-Herrington Company, Inc., $55,536 was his compensation for services rendered in the sale of the 240 tanks; that the services for which the said amount was received covered a period of at least 37 months, from August 1939 through August 1942, and that his tax thereon is to be computed under section 107 (a) of the Internal Revenue Code of 1939.5 He concedes that $55,536 did not constitute 80 per cent of his total compensation received from Marmon for personal services rendered…
2Cases cited14 opinions
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Strauss v. StraussSupreme Court of Florida · 1941
- Greene v. CommissionerUnited States Tax Court · 1946
- Ohio Butterine Co. v. HargraveSupreme Court of Florida · 1920
- English v. EnglishSupreme Court of Florida · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Shaffer v. CommissionerUnited States Tax Court · 1957
- Wattley v. CommissionerUnited States Tax Court · 1958
- Reynolds v. CommissionerUnited States Tax Court · 1956
- Shaffer v. CommissionerUnited States Tax Court · 1957
- Wattley v. CommissionerUnited States Tax Court · 1958
1 more not listed; retrieve them via the Exa API.