Legal Opinion

Bert v. Commissioner

United States Board of Tax Appeals

Decided July 15, 1936No. Docket No. 56594Published

A trust which was organized by several individuals to buy and sell shares of stock of Sears, Roebuck & Co. for profit and was so operated during the taxable year, the profits being distributed to the beneficial owners, is an association taxable as a corporation. Morrissey v. Commissioner,296 U.S. 344; Swanson v. Commissioner,296 U.S. 362; Helvering v. Combs,296 U.S. 365; and Helvering v. Coleman-Gilbert Associates,296 U.S. 369.

1Opinion of the Court

VERNON J. BERT, TRUSTEE, FOR D. M. NELSON, ET AL., PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Bert v. Commissioner

Docket No. 56594.

United States Board of Tax Appeals

34 B.T.A. 805; 1936 BTA LEXIS 644;

July 15, 1936, Promulgated

A trust which was organized by several individuals to buy and sell shares of stock of Sears, Roebuck & Co. for profit and was so operated during the taxable year, the profits being distributed to the beneficial owners, is an association taxable as a corporation. Morrissey v. Commissioner,296 U.S. 344; Swanson v. Commissioner,296 U.S. 362; Helvering v.…

2Cases cited5 opinions

  1. Morrissey v. CommissionerSupreme Court of the United States · 1935
  2. Helvering v. Coleman-Gilbert AssociatesSupreme Court of the United States · 1935
  3. Swanson v. CommissionerSupreme Court of the United States · 1935
  4. Helvering v. CombsSupreme Court of the United States · 1935
  5. Bert v. CommissionerUnited States Board of Tax Appeals · 1936

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