Legal Opinion

McEnaney v. Commissioner

United States Tax Court

Decided April 3, 1944No. Docket Nos. 112754, 2038PublishedCited by 10 opinions

1. One of the petitioners received commissions from the American Oil Co. pursuant to certain contractor's agreements. During a portion of the period involved, he turned over the commissions to a corporation of which he was president in exchange for its performance of the duties called for by the American Oil Co. agreements and a salary of $ 200 per week. This was done under an oral agreement between petitioner and the corporation.

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1. One of the petitioners received commissions from the American Oil Co. pursuant to certain contractor's agreements. During a portion of the period involved, he turned over the commissions to a corporation of which he was president in exchange for its performance of the duties called for by the American Oil Co. agreements and a salary of $ 200 per week. This was done under an oral agreement between petitioner and the corporation. Held, that the commissions paid petitioner constituted income to him; held, further, that the commissions turned over to the corporation represented deductible…

1Opinion of the Court

OPINION.

Hum, Judge-.

The primary question here presented is whether commissions paid by Amoco to petitioner pursuant to certain contractor’s agreements constituted income to petitioner. The contracts, in brief, called for the sale and delivery of Amoco’s petroleum products, in exchange for which Amoco agreed to pay petitioner specified commissions depending upon the amount and class of products delivered. The petroleum products were sold and delivered and Amoco paid petitioner commissions totaling $36,569.36 in 1937, $32,019.96 in 1938, and $31,223.17 in 1939. Petitioner did not report such…

2Cited by10 opinions

  1. Shaw v. CommissionerUnited States Tax Court · 1972
  2. Charles J. McLennan v. CommissionerUnited States Tax Court · 1945
  3. General Artists Corp. v. CommissionerUnited States Tax Court · 1952
  4. Enterprise Lumber Co. v. CommissionerUnited States Tax Court · 1945
  5. Estate of Rosset v. CommissionerUnited States Tax Court · 1954

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