Weis v. Commissioner
United States Board of Tax Appeals
1. Held, that petitioner was domiciled in Louisiana during the taxable year 1929. 2. Petitioner sold during the taxable year certain corporate stock which he had owned for more than two years. Held, that petitioner is not entitled to have a part of the profit derived thereby taxed as ordinary net income and part taxed at the rate applicable to capital net gain, as reported in his return, but the entire amount is taxable as ordinary net income.
1Opinion of the Court
*484OPINION.
Tkammell :
The first and principal issue in this case is whether the petitioner was domiciled or had his legal residence in the State of Louisiana or in the State of Illinois during the taxable year 1929. In 1920 petitioner took up his abode in the city of Chicago, Illinois, and throughout the taxable year resided there with his wife, except for short periods of absence. Prior to 1920 petitioner was domiciled in Louisiana.
Petitioner and his wife filed their income tax returns for 1929 with the collector at New Orleans, and each reported one half of the total *485income. In auditing the…
2Cases cited21 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Mitchell v. United StatesSupreme Court of the United States · 1875
- Luria v. United StatesSupreme Court of the United States · 1913
- Lovejoy v. CommissionerUnited States Board of Tax Appeals · 1930
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Boardwalk Nat'l Bank v. CommissionerUnited States Tax Court · 1960
- United States v. James Wesley BrewerCourt of Appeals for the Tenth Circuit · 1973
- Boardwalk Nat'l Bank v. CommissionerUnited States Tax Court · 1960
- Darsky v. CommissionerUnited States Tax Court · 1946
- Forrester v. CommissionerUnited States Board of Tax Appeals · 1935
7 more not listed; retrieve them via the Exa API.