Legal Opinion

Foote v. Commissioner

United States Tax Court

Decided December 7, 1983No. Docket No. 9667-81PublishedCited by 2 opinions

Petitioner, a tenured professor at Southern Methodist University, resigned his position and gave up his tenure in return for negotiated compensation. Held: Tenure is not a capital asset and petitioner's release of his tenure was not a sale or exchange. The amount received by petitioner on termination of his contract was taxable as ordinary income rather than capital gain.

1Opinion of the Court

Drennen, Judge:

Respondent determined deficiencies in petitioner’s Federal income taxes for the years 1977 and 1978 in the amounts of $2,715 and $4,074, respectively. The primary issue is whether money paid to petitioner pursuant to his resignation of his tenured faculty position at Southern Methodist University is taxable as ordinary income or as long-term capital gain. Petitioner also argues that the Court erred in sustaining respondent’s objection to a question posed to a witness at trial.

FINDINGS OF FACT

Some of the facts have been stipulated and are found accordingly. The stipulation of…

2Cases cited19 opinions

  1. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  2. Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
  3. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
  4. Luna v. CommissionerUnited States Tax Court · 1964
  5. Commissioner of Internal Revenue v. Starr Bros., IncCourt of Appeals for the Second Circuit · 1953

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3Cited by2 opinions

  1. Foote v. CommissionerUnited States Tax Court · 1983
  2. Herrick v. CommissionerUnited States Tax Court · 1984

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