Boyle, Flagg & Seaman, Inc. v. Commissioner
United States Tax Court
1. Gross premiums received by petitioner from automobile dealers under oral agreements wherein petitioner agreed to pay dealers a percentage of its commission in consideration for their services in soliciting and sending to it applications for personal liability and property damage insurance held to be includible in gross income. 2. Payments prohibited by the insurance laws of the State of Illinois, made by petitioner to nonlicensed automobile dealers and others for…
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1. Gross premiums received by petitioner from automobile dealers under oral agreements wherein petitioner agreed to pay dealers a percentage of its commission in consideration for their services in soliciting and sending to it applications for personal liability and property damage insurance held to be includible in gross income. 2. Payments prohibited by the insurance laws of the State of Illinois, made by petitioner to nonlicensed automobile dealers and others for soliciting insurance for it, held not to be deductible as ordinary and necessary business expenses under section 23 (a) (1) (A)…
1Opinion of the Court
OPINION.
Raum, Judge:
The petitioner contends that the portion of the premiums on personal liability and property damage insurance paid to the automobile dealers during the taxable years was at all times the property of the dealers and was excludible from and not a part of its gross income for those years. In the alternative it contends that, if the payments to the dealers are includible in its gross income, they constituted proper deductions as ordinary and necessary business expenses under section 23 (a) (1) (A) of the Internal Revenue Code of 1939.1
1. Petitioner’s argument in support of its…
2Cases cited25 opinions
- Commissioner v. HeiningerSupreme Court of the United States · 1943
- Lilly v. CommissionerSupreme Court of the United States · 1952
- Bowles v. Farmers Nat. Bank of Lebanon, Ky.Court of Appeals for the Sixth Circuit · 1945
- Fuller v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1954
- Jerry Rossman Corporation v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1949
20 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Tank Truck Rentals, Inc. v. CommissionerSupreme Court of the United States · 1958
- United States v. Edward J. BarrettCourt of Appeals for the Seventh Circuit · 1975
- Diamond v. CommissionerUnited States Tax Court · 1971
- Max Sobel Wholesale Liquors v. CommissionerUnited States Tax Court · 1977
- Delsanter v. CommissionerUnited States Tax Court · 1957
31 more not listed; retrieve them via the Exa API.