de Vegvar v. Commissioner
United States Tax Court
Petitioner was a nonresident alien with substantial assets in a custody account in the United States. A power of attorney executed by petitioner made two attorneys with offices in New York his attorneys in fact. In the taxable period at issue the attorneys purchased and sold securities, made one sale of commodity futures, and were the officers and directors of two Florida corporations which were wholly owned by petitioner.
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Petitioner was a nonresident alien with substantial assets in a custody account in the United States. A power of attorney executed by petitioner made two attorneys with offices in New York his attorneys in fact. In the taxable period at issue the attorneys purchased and sold securities, made one sale of commodity futures, and were the officers and directors of two Florida corporations which were wholly owned by petitioner. Held, on the facts of this case petitioner was not engaged in trade or business within the meaning of section 211 (b), I. R. C. 1939.
1Opinion of the Court
OPINION.
Raum, Judge:
Respondent determined a deficiency in petitioner’s income tax for the year 1948 in the amount of $8,744.84. At issue in this proceeding is whether respondent was correct in concluding that petitioner’s capital gains were taxable because he was a nonresident alien “engaged in trade or business in the United States” within the meaning of section 211 (b) of the Internal Revenue Code of 1939 1 during the period January 1 through June 21, 1948.
The parties have filed two stipulations of facts. One, titled “Stipulation of Facts,” contains evidence dealing primarily with…
2Cases cited3 opinions
- Adda v. CommissionerUnited States Tax Court · 1948
- Adda v. COMMISSIONER OF INTERNAL REVENUECourt of Appeals for the Fourth Circuit · 1948
- Joseph Van Der Elst v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1955
3Cited by5 opinions
- Ralph E. Purvis and Patricia Lee Purvis, His Wife v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1976
- Perkins v. CommissionerUnited States Tax Court · 1963
- Purvis v. CommissionerUnited States Tax Court · 1974
- Perkins v. CommissionerUnited States Tax Court · 1963
- de Vegvar v. CommissionerUnited States Tax Court · 1957