Vance v. Commissioner
United States Tax Court
In December, 1942, petitioner and his partner dissolved a partnership engaged in operating moving picture theatres, and each partner assigned his entire proprietary interest therein to his wife. The wives formed a new partnership in 1943, which operated the moving picture theatres during the taxable years. Held, the petitioner is not taxable upon his wife's distributive share of partnership income in 1943 or 1944.
1Opinion of the Court
OPINION.
Aenold, Judge:
^Respondent's theory is that the partnership formed in 1938 by Willis H. Yance and William S. Bein continued to operate the theatres during the taxable years. He contends that petitioner had so organized, built up, and established the two theatres by 1943 and 1944, that he did not need to devote the time to their operation that he formerly gave them. He contends that petitioner, as general manager, made all withdrawals from the partnership bank accounts during the taxable years. He contends that neither of the wives contributed capital originating with her or rendered…
2Cases cited9 opinions
- Helvering v. CliffordSupreme Court of the United States · 1940
- Lucas v. EarlSupreme Court of the United States · 1930
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Commissioner v. TowerSupreme Court of the United States · 1946
- Lusthaus v. CommissionerSupreme Court of the United States · 1946
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Stein v. CommissionerUnited States Tax Court · 1956
- Crowley v. CommissionerUnited States Tax Court · 1960
- Jacksonville Paper Co. v. CommissionerUnited States Tax Court · 1954
- Bein v. CommissionerUnited States Tax Court · 1950
- Bein v. CommissionerUnited States Tax Court · 1950
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