Cooley v. Commissioner
United States Board of Tax Appeals
1. TENANTS BY THE ENTIRETY - INCOME THEREFROM IN MASSACHUSETTS TAXABLE TO THE HUSBAND. - Petitioner and his wife were domiciled in the State of Massachusetts and owned certain stocks and bonds as tenants by the entirety.
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1. TENANTS BY THE ENTIRETY - INCOME THEREFROM IN MASSACHUSETTS TAXABLE TO THE HUSBAND. - Petitioner and his wife were domiciled in the State of Massachusetts and owned certain stocks and bonds as tenants by the entirety. Held, that under the laws of the State of Massachusetts the husband has the absolute and exclusive right to the control, use, possession, rents, issues and profits of property held as tenants by the entirety and therefore dividends and interest received from such property during the taxable year in question were all taxable to the husband. 2. SUBSCRIPTION RIGHTS TO PURCHASE…
1Opinion of the Court
*987OPINION.
Black::
The pleadings present two questions for our decision, which we will discuss in their order. (1) Where husband and wife, domiciled in the State of Massachusetts, receive income from personal property held by them as tenants by the entirety, is all such income taxable to the husband, or is one half taxable to him and one half to the wife?
The petitioner contends that income from personal property held by husband and wife as tenants by the entirety in the State of Massachusetts is, for income tax purposes, taxable one half to each spouse, the same as income from community property…
2Cases cited7 opinions
- Poe v. SeabornSupreme Court of the United States · 1930
- Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
- Licker v. GluskinMassachusetts Supreme Judicial Court · 1929
- Phelps v. SimonsMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Milgroom v. CommissionerUnited States Tax Court · 1959
- Commissioner of Internal Revenue v. HartCourt of Appeals for the Third Circuit · 1939
- Madden v. Comm'rUnited States Tax Court · 2006
- Cooley v. CommissionerUnited States Board of Tax Appeals · 1933
- Harkness v. CommissionerUnited States Board of Tax Appeals · 1935
2 more not listed; retrieve them via the Exa API.