Legal Opinion

Florists' Transworld Delivery Ass'n v. Commissioner

United States Tax Court

Decided November 30, 1976No. Docket No. 1996-74PublishedCited by 18 opinions

Petitioner, a membership organization composed of retail florists, received advances from its members which it was obligated to apply to the cost of clearing their intercity exchanges of flower orders.

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Petitioner, a membership organization composed of retail florists, received advances from its members which it was obligated to apply to the cost of clearing their intercity exchanges of flower orders. Petitioner also received advances from members which it was obligated to use for national advertising (marketing). To the extent that the respective advance accounts exceeded clearing house or marketing expenses in any year, the excess remained the property of the individual members which petitioner was obligated to refund. Held, the clearing house and marketing advances were not gross income…

1Opinion of the Court

Tannenwald, Judge:

Respondent determined the following deficiencies in petitioner’s Federal income tax:

TYE June 30— Deficiency TYE June 30— Deficiency

1967. $84,283.95 1970. $178,187.93

1969. 167,976.83 1971. 11,796.46

The deficiency asserted for the taxable year ended June 30, 1971, has been paid by petitioner and a refund claim therefor is now pending.1 The parties have reached an agreement concerning certain of the issues underlying the deficiencies for the other 3 years. Remaining for our consideration are the following questions:(1) Whether any receipts of petitioner’s Clearing House and…

2Cases cited16 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  3. United States v. GilmoreSupreme Court of the United States · 1963
  4. Woodward v. CommissionerSupreme Court of the United States · 1970
  5. United States v. DavisSupreme Court of the United States · 1962

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

3Cited by18 opinions

  1. Goodwin v. CommissionerUnited States Tax Court · 1979
  2. Norman v. CommissionerUnited States Tax Court · 1987
  3. Brown-Forman Corp. v. CommissionerUnited States Tax Court · 1990
  4. Affiliated Foods, Inc. v. CommissionerCourt of Appeals for the Fifth Circuit · 1998
  5. Banks v. CommissionerUnited States Tax Court · 1991

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

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