Smith v. Commissioner
United States Tax Court
1. Petitioner, an attorney, was employed on a contingent fee basis in litigation, and performed legal services over a period beginning May 16, 1934, and ending May 22, 1939, on which latter date he was paid in full.
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1. Petitioner, an attorney, was employed on a contingent fee basis in litigation, and performed legal services over a period beginning May 16, 1934, and ending May 22, 1939, on which latter date he was paid in full. Held, fee taxable to petitioner pursuant to section 107, Internal Revenue Code, John Bell Keeble, Jr., 2 T. C. 1249. 2. Petitioner contributed $ 2,500 to the Missouri Institute for the Administration of Justice, an organization having as its immediate purpose the establishment by constitutional amendment of a new modified appointive system for the selection of judges to take the…
1Opinion of the Court
OPINION.
KeRN, Judge:
First issue. — The facts out of which this issue arose are undisputed.
Section 107, I. R. C., added by section ¿20 of the Revenue Act of 1939, provides in part that in the case of the receipt of compensation for personal services rendered by an individual “covering a period of five calendar years, or more, from the beginning to the completion of such services” at least 95 percent of which is paid only on completion of such services, and which is required to be included in the gross income of such individual for any taxable year after December 31,1938, the tax attributable…
2Cases cited4 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Keeble v. CommissionerUnited States Tax Court · 1943
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
- Shaffner v. . LipinskySupreme Court of North Carolina · 1927
3Cited by19 opinions
- Cammarano v. United StatesSupreme Court of the United States · 1959
- Kleinschmidt v. CommissionerUnited States Tax Court · 1949
- Fairman v. League of Women Voters of United StatesCalifornia Court of Appeal · 1960
- Liberty Nat. Bank & Trust Co. v. United StatesDistrict Court, W.D. Kentucky · 1954
- B. Manischewitz Co. v. CommissionerUnited States Tax Court · 1948
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