Legal Opinion

Hambuechen v. Commissioner

United States Tax Court

Decided October 22, 1964No. Docket No. 87769PublishedCited by 23 opinions

Held, on the facts, advances made by a limited partner to his partnership were capital contributions and not loans.

1Opinion of the Court

Fay, Judge:

The Commissioner determined deficiencies in petitioners’ income tax, as follows:

Tear Deficiency

1954_ $9,824.42

1955_ 12,763.44

1956_ 6, 544.03

The only issue for decision is whether petitioners incurred a net operating loss in the year 1951, the unused portion of which could be carried forward as a net operating loss carryover to the years 1954, 1955, and 1956.

FINDINGS OF FACT

Some of the facts have been stipulated, and the stipulation of facts, together with the exhibits attached thereto, is incorporated herein by this reference.

Petitioners Joseph W. Hambuechen (hereinafter referred…

2Cases cited21 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Benjamin D. And Madeline Prentice Gilbert v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  4. Schnitzer v. CommissionerUnited States Tax Court · 1949
  5. Dobkin v. CommissionerUnited States Tax Court · 1950

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

3Cited by23 opinions

  1. Dustin v. CommissionerUnited States Tax Court · 1969
  2. Demes v. United StatesUnited States Court of Federal Claims · 2002
  3. Tifd Iii-E, Inc. v. United States of America, Docket No. 05-0064-CvCourt of Appeals for the Second Circuit · 2006
  4. Hamilton v. United StatesUnited States Court of Claims · 1982
  5. Sheldon G. Adelson and Sandra Adelson v. The United StatesCourt of Appeals for the Federal Circuit · 1984

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

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