Legal Opinion

Second Carey Trust v. Helvering

Court of Appeals for the D.C. Circuit

Decided March 9, 1942No. 7865PublishedCited by 21 opinions

1Opinion of the CourtGroner, C. J.

The case requires an answer to three questions: (1) Did the Board err in holding petitioner not a trust but an association taxable as a corporation; (2) Did the Board err in refusing to exclude the amount of $36,882.84 from petitioner’s gross income; (3) Did the Board err in denying petitioner’s motion to grant further hearing or a new trial?

Briefly stated, the facts are these: In 1934 Messrs. Dififie, Brown, and Shanks, presumably of the State of Oklahoma, having acquired the right to receive one-eighth of seven-eighths of the net proceeds of the sale of oil and gas produced from five…

2Cases cited12 opinions

  1. Burnet v. HarmelSupreme Court of the United States · 1932
  2. Morrissey v. CommissionerSupreme Court of the United States · 1935
  3. Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
  4. Helvering v. CombsSupreme Court of the United States · 1935
  5. Heiner v. MellonSupreme Court of the United States · 1938

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

3Cited by21 opinions

  1. Markwardt v. CommissionerUnited States Tax Court · 1975
  2. Haft Trust v. CommissionerUnited States Tax Court · 1974
  3. Robin Haft Trust v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1975
  4. Estate of Mary Redding Shedd, First National Bank of Arizona, Trustee v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1963
  5. Haley v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953

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

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