Legal Opinion

Schumacher v. Commissioner

United States Board of Tax Appeals

Decided August 22, 1935No. Docket No. 59612Published

1. A statute of Texas granting to alines the same rights in personal property as accorded to citizens of the United States by the nation of which the alien is a subject, is an enlarging provision and the alien is not required to prove the law of the foreign nation unless he claims greater rights than the law of Texas grants to citizens. 2. Petitioner's distributive share of partnership income held divisible on a community property basis. 3. Petitioner, an alien, held to be a…

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1. A statute of Texas granting to alines the same rights in personal property as accorded to citizens of the United States by the nation of which the alien is a subject, is an enlarging provision and the alien is not required to prove the law of the foreign nation unless he claims greater rights than the law of Texas grants to citizens. 2. Petitioner's distributive share of partnership income held divisible on a community property basis. 3. Petitioner, an alien, held to be a resident of the State of Texas. 4. Commissioner sustained on the issue of the statute of limitations because of the…

1Opinion of the Court

J. P. SCHUMACHER, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Schumacher v. Commissioner

Docket No. 59612.

United States Board of Tax Appeals

32 B.T.A. 1242; 1935 BTA LEXIS 831;

August 22, 1935, Promulgated

1. A statute of Texas granting to alines the same rights in personal property as accorded to citizens of the United States by the nation of which the alien is a subject, is an enlarging provision and the alien is not required to prove the law of the foreign nation unless he claims greater rights than the law of Texas grants to citizens.

2. Petitioner's distributive share of…

2Cases cited6 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Heiner v. DonnanSupreme Court of the United States · 1932
  3. Burnet v. LeiningerSupreme Court of the United States · 1932
  4. Schumacher v. CommissionerUnited States Board of Tax Appeals · 1935
  5. Peeples v. CommissionerUnited States Board of Tax Appeals · 1933

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