Legal Opinion

Tavares v. Commissioner

United States Tax Court

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

1Opinion of the Court

OPINION.

Kern, Judge:

The sweepstakes ticket here involved was held by and registered in the name of petitioner’s niece who was recognized as its owner by the operators of the sweepstakes and received the prize money paid on account thereof. Petitioner’s right to receive any part of such prize money arose out of a collateral agreement between him and his niece which was void and unenforcible. See Christian H. Droge, 35 B.T.A. 829, and Samuel L. Huntington, 35 B.T.A. 835, and cases therein cited. See also Babcock v. Thompson, 20 Mass. (3 Pick.) 446, 448; White v. Buss, 57 Mass. (3 Cush.) 448;…

2Cases cited5 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

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