Legal Opinion

Walter Demkowicz and Dorothy Demkowicz v. Commissioner of Internal Revenue

Court of Appeals for the Third Circuit

Decided March 15, 1977No. 76-1666PublishedCited by 60 opinions

1Opinion of the Court

OPINION OF THE COURT

BECHTLE, District Judge.

This appeal is from a decision of the Tax Court upholding a determination by the Commissioner of Internal Revenue (“Commissioner”) of a deficiency in the amount of income tax paid by the taxpayers for tax year 1966. For the reasons stated below, we will reverse.

Walter Demkowicz (“taxpayer”) 1 was the principal stockholder in Walter Demkowicz, Inc. (“W.D., Inc.”), a New Jersey corporation primarily engaged in the construction business. W.D., Inc., constructed and owned a building located at 28-32 North Avenue, Elizabeth, New Jersey. The building was…

2Cases cited13 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Commissioner v. DubersteinSupreme Court of the United States · 1960
  3. Helvering v. TaylorSupreme Court of the United States · 1935
  4. Seymour Silverman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976
  5. Thomas W. Banks v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1963

8 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Llorente v. CommissionerUnited States Tax Court · 1980
  2. In the Matter of Resyn Corporation, Appellant/cross-Appellee v. United States of America, Appellee/cross-AppellantCourt of Appeals for the Third Circuit · 1988
  3. Ronald L. Lerch and Dalene Lerch v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Seventh Circuit · 1989
  4. Alice Avery v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1978
  5. Anastasato v. CommissionerCourt of Appeals for the Third Circuit · 1986

55 more not listed; retrieve them via the Exa API.

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