Commissioner of Internal Revenue v. Kenneth W. Daehler and Mary Daehler, His Wife

WISDOM, Circuit Judge.

This Court recently held that an insurance agent’s commissions on a life insurance policy purchased on his own life are compensation for services and therefore are taxable income. Commissioner v. Minzer, 5 Cir., 1960, 279 F.2d 338. The Minzer holding is in accord with Ostheimer v. United States, 3 Cir., 1959, 264 F.2d 789. 1 The instant case raises a closely related question. Is a real estate salesman’s commission on the sale of a house that the salesman bought for himself taxable income under Section 22(a) of the Internal Revenue Code of 1939 ? 2 We think it is.

Kenneth…