Legal Opinion

Axelrod v. Commissioner

United States Tax Court

Decided March 8, 1962No. Docket No. 87288Published

Petitioner and Cammer were partners in a cafe. Petitioner notified Cammer that unless Cammer purchased his interest he would bring an action for an accounting and dissolution of the partnership. Cammer borrowed funds from a finance company to purchase petitioner's interest in the partnership. Petitioner agreed to guarantee the loan with the finance company. Cammer defaulted on the loan and petitioner was required to pay the finance company the balance due on the loan.

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Petitioner and Cammer were partners in a cafe. Petitioner notified Cammer that unless Cammer purchased his interest he would bring an action for an accounting and dissolution of the partnership. Cammer borrowed funds from a finance company to purchase petitioner's interest in the partnership. Petitioner agreed to guarantee the loan with the finance company. Cammer defaulted on the loan and petitioner was required to pay the finance company the balance due on the loan. Petitioner deducted the amount paid as a bad debt under section 166(f), I.R.C. 1954. Held, the proceeds of the loan were not…

1Opinion of the Court

Max M. Axelrod, Petitioner, v. Commissioner of Internal Revenue, Respondent

Axelrod v. Commissioner

Docket No. 87288

United States Tax Court

37 T.C. 1053; 1962 U.S. Tax Ct. LEXIS 178;

March 8, 1962, Filed

Decision will be entered for the respondent.

Petitioner and Cammer were partners in a cafe. Petitioner notified Cammer that unless Cammer purchased his interest he would bring an action for an accounting and dissolution of the partnership. Cammer borrowed funds from a finance company to purchase petitioner's interest in the partnership. Petitioner agreed to guarantee the loan with the finance…

Also in this document: Dissent · Mulroney; Dissent · Fay.

2Cases cited4 opinions

  1. Putnam v. CommissionerSupreme Court of the United States · 1956
  2. DeGanay v. LedererSupreme Court of the United States · 1919
  3. Risko v. CommissionerUnited States Tax Court · 1956
  4. Axelrod v. CommissionerUnited States Tax Court · 1962

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