Legal Opinion

Lawton v. Commissioner

United States Tax Court

Decided May 21, 1946No. Docket Nos. 5592, 5620, 5621, 5622, 5623, 5624Published

1. Held, respondent erred in determination of good will as a factor in liquidation of a corporation. 2. Respondent's determination that petitioner did not make bona fide gifts of stock sustained for lack of proof. 3. Held, during the taxable years a bona fide partnership, composed of petitioner, his two adult sons, and another, existed in respect of a tool-manufacturing business, where petitioner contributed capital and services and the others contributed services…

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1. Held, respondent erred in determination of good will as a factor in liquidation of a corporation. 2. Respondent's determination that petitioner did not make bona fide gifts of stock sustained for lack of proof. 3. Held, during the taxable years a bona fide partnership, composed of petitioner, his two adult sons, and another, existed in respect of a tool-manufacturing business, where petitioner contributed capital and services and the others contributed services constituting a substantial factor in the production of the income; held, further, the partnership is not recognized as to…

1Opinion of the Court

Howard B. Lawton, Petitioner, et al., 1 v. Commissioner of Internal Revenue, Respondent

Lawton v. Commissioner

Docket Nos. 5592, 5620, 5621, 5622, 5623, 5624

United States Tax Court

6 T.C. 1093; 1946 U.S. Tax Ct. LEXIS 187;

May 21, 1946, Promulgated

Decisions will be entered under Rule 50.

1. Held, respondent erred in determination of good will as a factor in liquidation of a corporation.

2. Respondent's determination that petitioner did not make bona fide gifts of stock sustained for lack of proof.

3. Held, during the taxable years a bona fide partnership, composed of petitioner, his two adult sons,…

2Cases cited6 opinions

  1. Commissioner v. TowerSupreme Court of the United States · 1946
  2. Lusthaus v. CommissionerSupreme Court of the United States · 1946
  3. Meehan v. ValentineSupreme Court of the United States · 1892
  4. MacDonald v. CommissionerUnited States Tax Court · 1944
  5. Lawton v. CommissionerUnited States Tax Court · 1946

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