Cozzens v. Commissioner
United States Tax Court
Held, section 107 (b), I. R. C., is inapplicable where the author of a book receives in one year less than 80 per cent of the royalties from sale of the book over the statutory period up to and including the subsequent 12 months. Held, further, the doctrine of constructive receipt is inapplicable to royalties which were not subject to the author's unrestricted right of demand and use in the year in question.
1Opinion of the Court
James Gould Cozzens, Petitioner, v. Commissioner of Internal Revenue, Respondent
Cozzens v. Commissioner
Docket No. 34372
United States Tax Court
19 T.C. 663; 1953 U.S. Tax Ct. LEXIS 257; 96 U.S.P.Q. (BNA) 178;
January 21, 1953, Promulgated
Decision will be entered under Rule 50.
Held, section 107 (b), I. R. C., is inapplicable where the author of a book receives in one year less than 80 per cent of the royalties from sale of the book over the statutory period up to and including the subsequent 12 months. Held, further, the doctrine of constructive receipt is inapplicable to royalties which were not…
2Cases cited9 opinions
- Avery v. CommissionerSupreme Court of the United States · 1934
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Amend v. CommissionerUnited States Tax Court · 1949
- Eckhard v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1950
- Cooney v. CommissionerUnited States Tax Court · 1952
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