Van Kalker v. Commissioner
United States Tax Court
Petitioner owned and operated an ornamental iron business as a sole proprietor. Pursuant to orders solicited by petitioner, petitioner's employees fabricated ornamental iron railings and other iron products out of an inventory of crude iron rods, using equipment and machinery. Petitioner then installed the finished products. Held, capital was a material income-producing factor in such business within the meaning of sec. 1348, I.R.C. 1954.
1Opinion of the Court
Featherston, Judge:
Respondent determined a $14,578 deficiency in petitioners’ 1978 Federal income tax. The only issue is whether capital is a material income-producing factor in petitioners’ ornamental iron business.
FINDINGS OF FACT
Some of the facts are stipulated and are found accordingly.
Petitioners John E. Van Kalker, Jr., and Carol Van Kalker, resided in South Holland, Ill., when they filed their petition herein.
For the past 23 years, John E. Van Kalker, Jr. (hereinafter petitioner), has been a sole proprietor in the business of fabricating and installing wrought iron railings. Under the…
Also in this document: Dissent.
2Cases cited16 opinions
- James D. Kennedy, Jr. And Dorothy H. Kennedy, and Cherokee Warehouses, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1982
- Kennedy v. CommissionerUnited States Tax Court · 1979
- Rousku v. CommissionerUnited States Tax Court · 1971
- Moore v. CommissionerUnited States Tax Court · 1979
- Bruno v. CommissionerUnited States Tax Court · 1978
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thomas v. CommissionerUnited States Tax Court · 1989
- John E. Van Kalker Jr. And Carol Van Kalker v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1984
- Barnes v. CommissionerUnited States Tax Court · 1987
- Parker v. CommissionerUnited States Tax Court · 1985
- Albright v. CommissionerUnited States Tax Court · 1985
4 more not listed; retrieve them via the Exa API.