Greene v. Commissioner
United States Tax Court
1. Petitioner and Johnson were partners in the Johnson & Greene construction company. Petitioner had petitioner's wife and Johnson enter into a partnership agreement forming the Alliance Co. The Alliance Co. purchased and immediately leased to Johnson & Greene the exact construction equipment which Johnson & Greene needed to perform its construction contracts.
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1. Petitioner and Johnson were partners in the Johnson & Greene construction company. Petitioner had petitioner's wife and Johnson enter into a partnership agreement forming the Alliance Co. The Alliance Co. purchased and immediately leased to Johnson & Greene the exact construction equipment which Johnson & Greene needed to perform its construction contracts. Petitioner's wife contributed to the Alliance Co. no capital originating with her, nor did she perform any services for the Alliance Co. Held, petitioner was taxable under section 22 (a) on the income of the Alliance Co. distributable…
1Opinion of the Court
OPINION.
Harron, Judge:
Issue 1. — The main question presented in this case is whether petitioner, and not his wife, was taxable in 1941 on one-half of the income of the Alliance Equipment Co. In name, petitioner was not a partner in Alliance. He and Hollis L. Johnson were partners in the construction firm of Johnson & Greene. But Johnson and petitioner’s wife were the partners of record of Alliance. And petitioner himself conceived of the idea of organizing Alliance for the admitted purpose of purchasing and leasing to Johnson & Greene road construction equipment which Johnson & Greene needed…
2Cases cited14 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- Helvering v. CliffordSupreme Court of the United States · 1940
- Lucas v. EarlSupreme Court of the United States · 1930
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Helvering v. HorstSupreme Court of the United States · 1940
9 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Bour v. CommissionerUnited States Tax Court · 1954
- Brown v. CommissionerUnited States Tax Court · 1949
- Parsons v. CommissionerUnited States Tax Court · 1964
- Hanson v. BirminghamDistrict Court, N.D. Iowa · 1950
- Morgan v. Finnegan, Collector of Internal RevenueCourt of Appeals for the Eighth Circuit · 1950
48 more not listed; retrieve them via the Exa API.