Harris v. Commissioner
United States Board of Tax Appeals
1. Amount paid in to a so-called strike fund by a partnership of which petitioner was a member held deductible as an expense and petitioner's distributive share of partnership income should be reduced accordingly. 2. Held, the assignment by petitioner of an interest in property of a partnership of which he was a member did not operate to exclude from his income his distributive share of the partnership income. 3. The Commissioner's application of the provisions of section…
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1. Amount paid in to a so-called strike fund by a partnership of which petitioner was a member held deductible as an expense and petitioner's distributive share of partnership income should be reduced accordingly. 2. Held, the assignment by petitioner of an interest in property of a partnership of which he was a member did not operate to exclude from his income his distributive share of the partnership income. 3. The Commissioner's application of the provisions of section 226(c) of the Revenue Act of 1921 approved.
1Opinion of the Court
*874OPINION.
ARundell :
The item of $10,000 paid by the partnership of Cohan and Harris as its share of the so-called strike fund raised by the Producing Manager’s Association is the same item considered in the case of George M. Cohan v. Commissioner, 11 B. T. A. 743, and held therein to be allowable as a business, expense. Petitioner’s distributive share of partnership income for the year 1920 should be adjusted accordingly.
The record, in so far as it relates to the purported assignment of an interest in theatrical enterprises, is in an unsatisfactory state. It is not at all clear what the…
2Cases cited10 opinions
- Costello v. . CostelloNew York Court of Appeals · 1913
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Bank v. Carrollton RailroadSupreme Court of the United States · 1871
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- Burnett v. . SnyderNew York Court of Appeals · 1880
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3Cited by5 opinions
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- Harris v. CommissionerUnited States Board of Tax Appeals · 1928