Werner v. Commissioner
United States Tax Court
Petitioner, doing business as a sole proprietor in Detroit under the name Equipment Co., furnished money to purchase a factory building and machinery in Indiana, title to which was taken in his wife's name. The Indiana concern was named Tri-State Tool Works and a certificate was filed stating that petitioner's wife was sole proprietor thereof.
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Petitioner, doing business as a sole proprietor in Detroit under the name Equipment Co., furnished money to purchase a factory building and machinery in Indiana, title to which was taken in his wife's name. The Indiana concern was named Tri-State Tool Works and a certificate was filed stating that petitioner's wife was sole proprietor thereof. Petitioner's wife had been a registered nurse, had had little or no business experience, knew very little about the technicalities of the business, and did not control or manage Tri-State's operations. Equipment Co. made all disbursements for Tri-State.…
1Opinion of the Court
OPINION.
Hill, Judge-.
The only question for our decision is whether the profits from Tri-State’s operations are taxable as income to petitioner or to petitioner’s wife. Respondent contends that petitioner is taxable on such profits, relying on the broad principles enunciated by such cases as Lucas v. Earl, 281 U. S. 111; Helvering v. Horst, 311 U. S. 112; and Higgins v. Smith, 308 U. S. 473. Respondent, on brief, argues that “While there has been no formal assignment of the right to receive money or property in the present case, the respondent views the facts here as having the same effect as…
Also in this document: Dissent.
2Cases cited7 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Helvering v. HorstSupreme Court of the United States · 1940
- Commissioner v. TowerSupreme Court of the United States · 1946
- Higgins v. SmithSupreme Court of the United States · 1940
- Helvering v. EubankSupreme Court of the United States · 1941
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ross Glove Co. v. CommissionerUnited States Tax Court · 1973
- Greene v. CommissionerUnited States Tax Court · 1946
- Henson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1949
- Vance v. CommissionerUnited States Tax Court · 1950
- Visintainer v. CommissionerUnited States Tax Court · 1949
33 more not listed; retrieve them via the Exa API.