Legal Opinion

Jolar Cinema, Inc. v. Commissioner

United States Tax Court

Decided July 13, 1983No. Docket Nos. 15904-79, 15990-79, 1658-80, 1659-80, 9856-80, 9858-80, 9859-80, 9860-80, 9861-80, 9862,80, 9863-80, 9864-80, 9865-80, 9952-80, 9953-80, 9954-80, 9955-80, 9956-80, 9957-80, 9958-80, 9959-80, 9960-80, 9961-80, 14159-80, 16532-80, 17427-80, 17908-80, 22730-80, 6634-81, 6777-81, 6875-81, 9238-81, 9932-81, 9933-81, 11202-81, 11336-81UnpublishedCited by 2 opinions

Petitioner was president of 26 adult theater corporations and, as such, had signatory authority over the checking accounts of each of the corporations. Petitioner was responsible for the acquisition of the films shown at the theaters. Accordingly, funds were transferred by the corporations to petitioner during the years in question.

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Petitioner was president of 26 adult theater corporations and, as such, had signatory authority over the checking accounts of each of the corporations. Petitioner was responsible for the acquisition of the films shown at the theaters. Accordingly, funds were transferred by the corporations to petitioner during the years in question. Held, the funds so transferred did not constitute income to petitioner since he received them in an agency capacity and did not improperly divert any portion of them to his personal use. Held further, the film expense deductions to which the corporations are…

1Opinion of the Court

JOLAR CINEMA, INC., ET AL., 1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Jolar Cinema, Inc. v. Commissioner

Docket Nos. 15904-79, 15990-79, 1658-80, 1659-80, 9856-80, 9858-80, 9859-80, 9860-80, 9861-80, 9862,80, 9863-80, 9864-80, 9865-80, 9952-80, 9953-80, 9954-80, 9955-80, 9956-80, 9957-80, 9958-80, 9959-80, 9960-80, 9961-80, 14159-80, 16532-80, 17427-80, 17908-80, 22730-80, 6634-81, 6777-81, 6875-81, 9238-81, 9932-81, 9933-81, 11202-81, 11336-81.

United States Tax Court

T.C. Memo 1983-403; 1983 Tax Ct. Memo LEXIS 385; 46 T.C.M. (CCH) 721; T.C.M. (RIA) 83403;

July 13, 1983.

Petitio…

2Cases cited5 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  3. Lashells' Estate v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1953
  4. Heminway v. CommissionerUnited States Tax Court · 1965
  5. Estate of Harrison v. CommissionerUnited States Tax Court · 1974

3Cited by2 opinions

  1. Griffith v. CommissionerUnited States Tax Court · 1988
  2. Petersen v. CommissionerUnited States Tax Court · 1987

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