Legal Opinion

Weis v. Commissioner

United States Board of Tax Appeals

Decided April 26, 1934No. Docket No. 62126Published

1. Held, that petitioner was domiciled in Louisiana during the taxable year 1929. 2. Petitioner sold during the taxable year certain corporate stock which he had owned for more than two years. Held, that petitioner is not entitled to have a part of the profit derived thereby taxed as ordinary net income and part taxed at the rate applicable to capital net gain, as reported in his return, but the entire amount is taxable as ordinary net income.

1Opinion of the Court

SAMUEL W. WEIS, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Weis v. Commissioner

Docket No. 62126.

United States Board of Tax Appeals

30 B.T.A. 478; 1934 BTA LEXIS 1314;

April 26, 1934, Promulgated

1. Held, that petitioner was domiciled in Louisiana during the taxable year 1929.

2. Petitioner sold during the taxable year certain corporate stock which he had owned for more than two years. Held, that petitioner is not entitled to have a part of the profit derived thereby taxed as ordinary net income and part taxed at the rate applicable to capital net gain, as reported in his return,…

2Cases cited22 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  3. Mitchell v. United StatesSupreme Court of the United States · 1875
  4. Luria v. United StatesSupreme Court of the United States · 1913
  5. Lovejoy v. CommissionerUnited States Board of Tax Appeals · 1930

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