Legal Opinion

Rogers v. Commissioner

United States Tax Court

Decided September 28, 1948No. Docket No. 15605PublishedCited by 7 opinions

Arrangement between petitioner and other interests for participation by means of jointly owned corporation in operation of vessels under War Shipping Administration general agency agreement, held to result in relationship of stockholder rather than coadventurer; and proceeds on termination of corporation's activity under general agency agreement, received by petitioner by means of checks drawn by corporation and other interests held, further, taxable to her as ordinary…

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Arrangement between petitioner and other interests for participation by means of jointly owned corporation in operation of vessels under War Shipping Administration general agency agreement, held to result in relationship of stockholder rather than coadventurer; and proceeds on termination of corporation's activity under general agency agreement, received by petitioner by means of checks drawn by corporation and other interests held, further, taxable to her as ordinary income.

1Opinion of the Court

OPINION.

Opper, Judge:

Although the parties designated their combined enterprise for the operation of vessels under a general agency agreement with the W. S. A. as a “joint venture,” it seems clear the term was not used in the technical business sense, certainly not in its accepted meaning for tax purposes.1 Internal Revenue Code, sec. 3797 (2). The actual form adopted for the operation was that of a corporation; not merely an association taxable as such, Internal Revenue Code, sec. 3797 (3) —although more nearly that than a true joint venture, Morrissey v. Commissioner, 296 U. S. 344— but an…

2Cases cited8 opinions

  1. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  2. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  3. Hort v. CommissionerSupreme Court of the United States · 1941
  4. Burnet v. Commonwealth Improvement Co.Supreme Court of the United States · 1932
  5. United States v. Joliet & Chicago RailroadSupreme Court of the United States · 1942

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. C.B.C. Super Markets, Inc. v. CommissionerUnited States Tax Court · 1970
  2. Essex Constr. Co. v. Commissioner (A)United States Tax Court · 1949
  3. American Range Lines, Inc. v. CommissionerUnited States Tax Court · 1951
  4. American Range Lines, Inc. v. CommissionerUnited States Tax Court · 1951
  5. American Range Lines, Inc. v. CommissionerUnited States Tax Court · 1951

2 more not listed; retrieve them via the Exa API.

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