Kahler v. Comm'r
United States Tax Court
Petitioner, on a calendar year cash basis, received a commission check on December 31, 1946, after banking hours, for services rendered in 1946. Held, petitioner realized income upon receipt of the check in 1946.
1Opinion of the Court
OPINION.
Rice, Judge:
The sole issue is when did the petitioner realize the income represented by the commission check delivered December 31, 1946. Was it in 1946, as determined by respondent, or in 1947, as claimed by petitioner ? This, in turn, is based on the question whether the receipt of a check by a cash basis taxpayer after banking hours on the last day of the taxable period constitutes a realization of income.
Applicable provisions of the statute are set forth in the margin.1
In his brief, petitioner argues that “the mere receipt of a check does not give rise to income within the taxable…
2Cases cited3 opinions
- Spiegel v. CommissionerUnited States Tax Court · 1949
- Lavery v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1946
- Lavery v. CommissionerUnited States Tax Court · 1945
3Cited by32 opinions
- Kuehner v. CommissionerUnited States Tax Court · 1953
- RTS Inv. Corp. v. CommissionerUnited States Tax Court · 1987
- Estate of Louis Kamm, Deceased, and Emily E. Kamm, Surviving Wife, Also Known as Edythe Emily Kamm v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1965
- Shiner v. TurnoyDistrict Court, N.D. Illinois · 2014
- Horace R. Walter Donna L. Walter v. United StatesCourt of Appeals for the Eighth Circuit · 1998
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