Legal Opinion
Nell W. Carson v. The United States
United States Court of Claims
Decided May 10, 1963No. 252-59PublishedCited by 16 opinions
1Opinion of the Court
DURFEE, Judge.
Plaintiff brings this action for refund of her payment of additional income taxes assessed for the years 1952 through 1956 by the Commissioner of Internal Revenue. The assessment was upon the basis that annual payments made to the widowed plaintiff by a corporation in honor of her deceased husband were not nontaxable “gifts” but were taxable as ordinary income. We are asked by plaintiff to reverse this ruling.
Under section 22(b) (3) of the Internal Revenue Code of 1939 and section 102(a) of the Internal Revenue Code of 1954, “the value of property acquired by gift” is excluded…
2Cases cited17 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Commissioner v. LoBueSupreme Court of the United States · 1956
- Bogardus v. CommissionerSupreme Court of the United States · 1937
- Gladys W. Simpson v. United StatesCourt of Appeals for the Seventh Circuit · 1958
- Chick v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brown v. United StatesCourt of Appeals for the Fifth Circuit · 1989
- Crosby Valve & Gage Co. v. CommissionerUnited States Tax Court · 1966
- Old Virginia Brick Company, Incorporated v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1966
- Estate of Sydney J. Carter, Deceased (A/k/a Sydney J. Canter) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1971
- Elsie F. Greentree v. United StatesCourt of Appeals for the Fourth Circuit · 1964
11 more not listed; retrieve them via the Exa API.