Susie Salvatore v. Commissioner of Internal Revenue

IRVING R. KAUFMAN, Circuit Judge:

The taxpayer, Mrs. Susie Salvatore, conveyed a partial interest in her gas station to her children shortly before she and they joined in selling it to Texaco, Inc. Mrs. Salvatore and each of her children reported as income a share of the resulting gain. The Commissioner determined, however, that she was taxable upon the entire gain, and the Tax Court upheld his contention that she was the sole owner and seller of the gas station. Since the facts are fully set forth in the opinion of Judge Featherston, they will be recounted only briefly.

Mrs. Salvatore…