Legal Opinion

Desert Palace, Inc. v. Commissioner

United States Tax Court

Decided September 11, 1979No. Docket No. 8531-74Published

Held: Receivables arising from the extension of credit for gambling purposes do not represent taxable income until collected. Petitioner's right to collect upon them is subject to the defense of the obligor that the receivables were incurred for gambling purposes.

1Opinion of the Court

Desert Palace, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Desert Palace, Inc. v. Commissioner

Docket No. 8531-74

United States Tax Court

72 T.C. 1033; 1979 U.S. Tax Ct. LEXIS 63;

September 11, 1979, Filed

Held: Receivables arising from the extension of credit for gambling purposes do not represent taxable income until collected. Petitioner's right to collect upon them is subject to the defense of the obligor that the receivables were incurred for gambling purposes.

Robert E. Frisch, David W. Bernstein, and Victor F. Ganzi, for the petitioner.

Lawrence G. Becker, for the…

2Cases cited18 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. West Indies v. First Nat. Bank of NevadaNevada Supreme Court · 1950
  3. Herberger v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1952
  4. Barker v. MagruderCourt of Appeals for the D.C. Circuit · 1938
  5. Evans v. CookNevada Supreme Court · 1876

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