Walsh v. Commissioner
United States Tax Court
Petitioner Mary D. Walsh reported on a calendar year basis. Her husband was a member of a partnership which reported on the basis of a fiscal year ending May 31. Petitioner and her husband returned their income in accordance with the community property law of Texas.
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Petitioner Mary D. Walsh reported on a calendar year basis. Her husband was a member of a partnership which reported on the basis of a fiscal year ending May 31. Petitioner and her husband returned their income in accordance with the community property law of Texas. One Elliott was also a member of this partnership until his death on July 7, 1939. Held, the respondent erred in including in petitioner's income for the calendar year 1939 and in excluding from petitioner's income for the calendar year 1940, any part of the income of the partnership for the period beginning June 1, 1939, and…
1Opinion of the Court
OPINION.
Black, Judge:
There is one issue remaining to be decided in these proceedings: Does the death of a partner in a partnership cut short the “taxable year of the partnership” as that phrase is used in section 188 of the Internal Revenue Code,1 as far as the surviving partners are concerned ? As indicative and controlling for all, we may consider specifically only petitioner Mary D. Walsh, hereinafter sometimes referred to as “petitioner,” and the partnership of which her husband was a member, the Elliott-Walsh Oil Co., hereinafter sometimes referred to as the partnership. Petitioner and…
2Cases cited12 opinions
- Heiner v. MellonSupreme Court of the United States · 1938
- Helvering v. Estate of EnrightSupreme Court of the United States · 1941
- Guaranty Trust Co. v. CommissionerSupreme Court of the United States · 1938
- Crescent Ins. v. CampTexas Supreme Court · 1885
- Amarillo Nat. Bank v. HarrellCourt of Appeals of Texas · 1913
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3Cited by15 opinions
- Mnookin v. CommissionerUnited States Tax Court · 1949
- Karsch v. CommissionerUnited States Tax Court · 1947
- Girard Trust Co. v. United StatesCourt of Appeals for the Third Circuit · 1950
- Stewart v. CommissionerUnited States Tax Court · 1951
- Jacobs v. CommissionerUnited States Tax Court · 1946
10 more not listed; retrieve them via the Exa API.