Legal Opinion

Bonacker v. United States

District Court, W.D. New York

Decided December 29, 1961No. Civ. 8319Published

1Opinion of the Court

HENDERSON, District Judge.

This is an action for the recovery of income taxes paid for the year 1953 pursuant to a deficiency assessment taxing as income the fair market value of a Ford automobile received by Norma K. Bonacker as a prize at the 1953 National Convention of the National Sales Executives Association. The sole question before the court is whether the prize was. a gift within the meaning of section 22. (b) (3) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 22(b) (3).1

The facts have been stipulated by the parties with the exception of the question of Mrs. Bonacker’s motivation…

2Cases cited7 opinions

  1. Commissioner v. DubersteinSupreme Court of the United States · 1960
  2. Lewis v. ReynoldsSupreme Court of the United States · 1932
  3. Lewis v. ReynoldsCourt of Appeals for the Tenth Circuit · 1931
  4. Downes v. CommissionerUnited States Tax Court · 1958
  5. Reynolds v. United StatesDistrict Court, N.D. California · 1954

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