Estate of Remington v. Commissioner
United States Tax Court
Receipt of share of insurance commissions by petitioner estate pursuant to contract with general brokerage firm providing for such payments on business written for decedent's former clients, held, for tax purposes, to represent proceeds of decedent's personal services during his lifetime or agreements not to compete and, as such, taxable as ordinary income.
1Opinion of the Court
OPINION.
OppeR, Judge-.
Section 134 of the 1942 Act, reflected in Internal Revenue Code, section 126,1 appears to be pertinent here. Upon the return filed for the period in question petitioner, in order to qualify under the new law, gave the required “full consent” to make the amendments retroactively applicable. Under these provisions the character of receipts' by the estate is to be determined by what they would have been in the hands of decedent. If the payments of a portion of the commissions on insurance had been made to decedent, they could have been nothing but income. Indeed, there is…
2Cases cited7 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Helvering v. EubankSupreme Court of the United States · 1941
- Irwin v. GavitSupreme Court of the United States · 1925
- Helvering v. Estate of EnrightSupreme Court of the United States · 1941
- Stelos Co. v. Hosiery Motor-Mend Corp.Supreme Court of the United States · 1935
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3Cited by17 opinions
- Aitken v. CommissionerUnited States Tax Court · 1960
- Latendresse v. CommissionerUnited States Tax Court · 1956
- Starr Bros., Inc. v. CommissionerUnited States Tax Court · 1952
- Turner v. CommissionerUnited States Tax Court · 1962
- Ullman v. CommissionerUnited States Tax Court · 1960
12 more not listed; retrieve them via the Exa API.