Felix v. Commissioner
United States Tax Court
1. Under the evidence, held, petitioner and his wife were partners in the operation of the Brentwood Coal & Coke Co. from September 1, to December 31, 1943. Each partner was entitled to one-half the income from the partnership and the Commissioner erred in taxing petitioner with the one-half of the income which belonged to his wife. 2. On December 15, 1943, petitioner filed an amended Form 1040-ES (Declaration of Estimated Income and Victory Tax by Individual for the…
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1. Under the evidence, held, petitioner and his wife were partners in the operation of the Brentwood Coal & Coke Co. from September 1, to December 31, 1943. Each partner was entitled to one-half the income from the partnership and the Commissioner erred in taxing petitioner with the one-half of the income which belonged to his wife. 2. On December 15, 1943, petitioner filed an amended Form 1040-ES (Declaration of Estimated Income and Victory Tax by Individual for the Calendar Year 1943). He did not at that time remit payment on the balance of estimated tax shown to be due by the estimate,…
1Opinion of the Court
OPINION.
Black, Judge:
At the outset it is necessary to make some clarification of the issue which we have here to decide. Petitioner in his brief argues that we should hold that a bona fide partnership existed between petitioner and his wife, Mary Ann, throughout the taxable year 1943 and that the income of the Brentwood Coal and Coke Co. for the entire year 1943 should be equally divided between them. That is not the issue raised by the pleadings. It is considerably narrower than that. What the Commissioner did in his deficiency notice was to add to the net income reported by petitioner on…
2Cases cited3 opinions
- Commissioner v. TowerSupreme Court of the United States · 1946
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
- Parker v. CommissionerUnited States Tax Court · 1946
3Cited by2 opinions
- Felix v. CommissionerUnited States Tax Court · 1949
- Galluzzo v. CommissionerUnited States Tax Court · 1981