Legal Opinion

Feldman v. Commissioner

United States Tax Court

Decided January 11, 1950No. Docket No. 18837PublishedCited by 22 opinions

Trust created by petitioner for his minor son held on all facts not a true partner in partnership composed of petitioner and his brothers.

1Opinion of the Court

OPINION.

Oppeh, Judge:

Although it is clear that no one factual element may suffice to determine the question, Commissioner v. Culbertson, 337 U. S. 733, our conclusion here from all the circumstances as incorporated in the foregoing ultimate finding of fact is that the parties did not intend in good faith and for a business purpose to conduct the business of Brooks Clothes in partnership with the trust for petitioner’s minor son. We recognize, of course, that the contribution of capital originating with a donee is not an essential for a valid partnership, even in the absence of managerial or…

2Cases cited5 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Commissioner v. CulbertsonSupreme Court of the United States · 1949
  3. National Licorice Co. v. National Labor Relations BoardSupreme Court of the United States · 1940
  4. National Carbide Corp. v. CommissionerSupreme Court of the United States · 1949
  5. Holzman v. WagerCourt of Appeals of Maryland · 1911

3Cited by22 opinions

  1. Hanson v. BirminghamDistrict Court, N.D. Iowa · 1950
  2. Kraft Foods Co. v. CommissionerUnited States Tax Court · 1954
  3. Apicella v. CommissionerUnited States Tax Court · 1957
  4. Fainblatt v. CommissionerUnited States Tax Court · 1957
  5. Willett v. CommissionerUnited States Tax Court · 1957

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