Legal Opinion
Commissioner of Internal Revenue v. Starr Bros., Inc
Court of Appeals for the Second Circuit
Decided May 29, 1953No. 22559_1PublishedCited by 64 opinions
1Opinion of the Court
SWAN, Chief Judge.
The question presented for decision is whether a sum of $6,394.57 received by the taxpayer, Starr Brothers, Inc. from a manufacturer of drugs for agreeing to terminate a contract under which the taxpayer had been granted the exclusive right to sell the manufacturer’s products in New London, Connecticut, should be considered capital gain under § 117 of the Internal Revenue Code, 26 U.S.C.A., or ordinary income under § 22. The Tax Court held it to be capital gain.
The facts are not in dispute. The taxpayer conducted a retail store in New London. In 1903 it made a contract with…
2Cases cited11 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Hort v. CommissionerSupreme Court of the United States · 1941
- Helvering v. SalvageSupreme Court of the United States · 1936
- Helvering v. William Flaccus Oak Leather Co.Supreme Court of the United States · 1941
- Commissioner of Internal Revenue v. Golonsky. Commissioner of Internal Revenue v. GoldCourt of Appeals for the Third Circuit · 1952
6 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
- General Artists Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
- Commissioner of Internal Revenue v. RayCourt of Appeals for the Fifth Circuit · 1954
- Bisbee-Baldwin Corporation v. Laurie E. Tomlinson, District Director of Internal Revenue for the District of FloridaCourt of Appeals for the Fifth Circuit · 1963
- Commissioner of Internal Revenue v. McCue Bros. & Drummond, IncCourt of Appeals for the Second Circuit · 1954
59 more not listed; retrieve them via the Exa API.