Schiffman v. Commissioner
United States Tax Court
Petitioner, a general insurance agent, gave either a discount or rebate to customers and retained a correspondingly lesser amount as his commission, remitting the full net premium to the insurance company. Held, the discounts and rebates are not includable in petitioner's gross income.
1Opinion of the Court
Tannenwauq, Judge:
Respondent determined deficiencies in petitioner’s income taxes for the years and in the amounts as follows:
Addition to tax (sec. 6653(a),
Year Income tax I.R.C.1954)1
1961_ $10,071.12 $503.56
1962_ 8,004.91 400.25
1963_ 9,179.78 458.99
All references are to the Internal Revenue Code of 1951.
Although the respondent’s deficiency notice was not issued until Aug. 27, 1965, there is no issue as to the period of limitations with respect to the taxable year 1961. Petitioner reported gross income of $39,539 and the claimed omissions from gross income aggregate $16,392, or more than 25…
2Cases cited11 opinions
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Tank Truck Rentals, Inc. v. CommissionerSupreme Court of the United States · 1958
- Lilly v. CommissionerSupreme Court of the United States · 1952
- Basila v. CommissionerUnited States Tax Court · 1961
- Boyle, Flagg & Seaman, Inc. v. CommissionerUnited States Tax Court · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Diamond v. CommissionerUnited States Tax Court · 1971
- Max Sobel Wholesale Liquors v. CommissionerUnited States Tax Court · 1977
- Pendola v. CommissionerUnited States Tax Court · 1968
- Alex v. CommissionerUnited States Tax Court · 1978
- James Alex and Betty Jean Alex v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
16 more not listed; retrieve them via the Exa API.