Legal Opinion

Tavares v. Commissioner

United States Tax Court

Decided May 29, 1959No. Docket No. 58576Published

Petitioner purchased an Irish sweepstakes ticket which he gave to his niece and which was registered in the niece's name. By a collateral agreement petitioner and his wife (a resident of the Cape Verde Islands) were entitled jointly to 50 per cent of any winnings on account of the ticket. The ticket proved to be a winning ticket and approximately $ 140,000 was paid to the niece who gave to the petitioner one-half thereof.

Read the full summary

Petitioner purchased an Irish sweepstakes ticket which he gave to his niece and which was registered in the niece's name. By a collateral agreement petitioner and his wife (a resident of the Cape Verde Islands) were entitled jointly to 50 per cent of any winnings on account of the ticket. The ticket proved to be a winning ticket and approximately $ 140,000 was paid to the niece who gave to the petitioner one-half thereof. Petitioner now claims to be taxable on only one-half of this half because of the alleged right of his wife to the other half of this half. Held, the collateral agreement…

1Opinion of the Court

Jose Tavares, Petitioner, v. Commissioner of Internal Revenue, Respondent

Tavares v. Commissioner

Docket No. 58576

United States Tax Court

32 T.C. 591; 1959 U.S. Tax Ct. LEXIS 165;

May 29, 1959, Filed

Decision will be entered for the respondent.

Petitioner purchased an Irish sweepstakes ticket which he gave to his niece and which was registered in the niece's name. By a collateral agreement petitioner and his wife (a resident of the Cape Verde Islands) were entitled jointly to 50 per cent of any winnings on account of the ticket. The ticket proved to be a winning ticket and approximately $ 140,000…

2Cases cited6 opinions

  1. Milgroom v. CommissionerUnited States Tax Court · 1959
  2. Droge v. CommissionerUnited States Board of Tax Appeals · 1937
  3. Haller v. Workingmen's Co-operative BankMassachusetts Supreme Judicial Court · 1928
  4. Babcock v. ThompsonMassachusetts Supreme Judicial Court · 1826
  5. White v. BussMassachusetts Supreme Judicial Court · 1849

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API