Merren v. Commissioner
United States Board of Tax Appeals
1. Money and stock received by the petitioner during marriage in payment for property sold by him before marriage, held not community property. 2. Property was sold by the petitioner in 1920 for cash, corporate stock, and other consideration.
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1. Money and stock received by the petitioner during marriage in payment for property sold by him before marriage, held not community property. 2. Property was sold by the petitioner in 1920 for cash, corporate stock, and other consideration. The stock was then in escrow and could not be released therefrom until 1921. A receipt or escrow certificate was given to the petitioner at the time of the sale, entitling him to the stock when it became available, and he received the stock in 1921. Held, such stock was not taxable income in 1920, the petitioner being on a cash receipts and disbursements…
1Opinion of the Court
*157OPINION.
Maequette:
The first question for our determination is whether income received by the petitioner after his marriage, in payment for his separate property sold by him before marriage, constituted separate, or community property.
*158The Louisiana statutes here pertinent read as follows:
Art. g399. Community. Every marriage contracted in this State, super-induces of right partnership or community of acquets or gains, if there be no stipulation to the contrary.
>N ❖ * * i(s * *
Art. ÜJfOS. What belongs to the Community. This partnership or community consists of the profits of all the effects of…
2Cases cited4 opinions
- Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
- Mutual Benefit Life Ins. v. HeroldDistrict Court, D. New Jersey · 1912
- Segrist v. CrabtreeSupreme Court of the United States · 1889
- In re the Estate of MosemanSupreme Court of Louisiana · 1886
3Cited by13 opinions
- Schlemmer v. United StatesCourt of Appeals for the Second Circuit · 1938
- Tex-Penn Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1933
- Murray v. CommissionerUnited States Board of Tax Appeals · 1933
- Axe v. United StatesDistrict Court, D. Kansas · 1961
- Houston v. CommissionerUnited States Board of Tax Appeals · 1934
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