Legal Opinion

Kay v. Commissioner

United States Board of Tax Appeals

Decided September 12, 1941No. Docket No. 102405Published

X, recently a widower, offered to give petitioner, his niece, 300 shares of A.T. & T. Co. stock if she would come to his home to live with him and his family in Illinois. Petitioner accordingly gave up a position in New York paying a salary of $5,400 a year and went to her uncle's home in Illinois. The arrangement was not satisfactory and while petitioner was away on a short trip she was told by her uncle not to return.

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X, recently a widower, offered to give petitioner, his niece, 300 shares of A.T. & T. Co. stock if she would come to his home to live with him and his family in Illinois. Petitioner accordingly gave up a position in New York paying a salary of $5,400 a year and went to her uncle's home in Illinois. The arrangement was not satisfactory and while petitioner was away on a short trip she was told by her uncle not to return. Her uncle having failed to turn over the stock to her, petitioner brought suit against him for breach of contract. In settlement of this suit petitioner received in the…

1Opinion of the Court

HILDA KAY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Kay v. Commissioner

Docket No. 102405.

United States Board of Tax Appeals

45 B.T.A. 98; 1941 BTA LEXIS 1180;

September 12, 1941, Promulgated

X, recently a widower, offered to give petitioner, his niece, 300 shares of A.T. & T. Co. stock if she would come to his home to live with him and his family in Illinois. Petitioner accordingly gave up a position in New York paying a salary of $5,400 a year and went to her uncle's home in Illinois. The arrangement was not satisfactory and while petitioner was away on a short trip she was…

2Cases cited1 opinion

  1. Kay v. CommissionerUnited States Board of Tax Appeals · 1941

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