Legal Opinion

Farkas v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided October 30, 1948No. 12231PublishedCited by 7 opinions

1Opinion of the Court

WALLER, Circuit Judge.

The undisputed facts in this case were succinctly stated by The Tax Court.1

*202The Commissioner determined that the petitioner was taxable on the entire % share of the income from his father’s testamentary trust notwithstanding the assignment and transfer of the entire interest of the taxpayer of all the income, profits, and dividends therefrom during the existence of the trust, on the theory that petitioner did not transfer income-producing property, but that the transfer was merely an assignment of the right of the taxpayer to receive income for such limited period and was…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Helvering v. HorstSupreme Court of the United States · 1940
  3. Cox v. New HampshireSupreme Court of the United States · 1941
  4. Blair v. CommissionerSupreme Court of the United States · 1937
  5. Harrison v. SchaffnerSupreme Court of the United States · 1941

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

3Cited by7 opinions

  1. Galt v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1954
  2. Sloane v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
  3. Commissioner of Internal Revenue v. John David Hawn and Bette HawnCourt of Appeals for the Fifth Circuit · 1956
  4. Hawaiian Trust Co. v. KanneCourt of Appeals for the Ninth Circuit · 1949
  5. McGinnis v. CommissionerUnited States Tax Court · 1993

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

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