Legal Opinion

Daehler v. Commissioner

United States Tax Court

Decided January 12, 1959No. Docket No. 61831Published

Petitioner was employed as a salesman by Anaconda, a real estate broker. Through Anaconda, he purchased real estate listed with another broker for sale at $ 60,000. Taking into account the fact that if he procured a buyer for the property for $ 52,500 he would realize a commmission of $ 1,837.50 on the sale, and by reason thereof he could acquire the property for his own account at a cost of $ 50,662.50, he made a formal offer of $ 52,500 for the property, and in due course…

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Petitioner was employed as a salesman by Anaconda, a real estate broker. Through Anaconda, he purchased real estate listed with another broker for sale at $ 60,000. Taking into account the fact that if he procured a buyer for the property for $ 52,500 he would realize a commmission of $ 1,837.50 on the sale, and by reason thereof he could acquire the property for his own account at a cost of $ 50,662.50, he made a formal offer of $ 52,500 for the property, and in due course was repaid $ 1,837.50, which was the commission he would have earned on the sale to an outside party. Held, that the…

1Opinion of the Court

Kenneth W. Daehler and Mary Daehler, his wife, Petitioners, v. Commissioner of Internal Revenue, Respondent

Daehler v. Commissioner

Docket No. 61831

United States Tax Court

31 T.C. 722; 1959 U.S. Tax Ct. LEXIS 265;

January 12, 1959, Filed

Decision will be entered under Rule 50.

Petitioner was employed as a salesman by Anaconda, a real estate broker. Through Anaconda, he purchased real estate listed with another broker for sale at $ 60,000. Taking into account the fact that if he procured a buyer for the property for $ 52,500 he would realize a commmission of $ 1,837.50 on the sale, and by reason…

Also in this document: Dissent.

2Cases cited5 opinions

  1. Smith v. CommissionerUnited States Tax Court · 1953
  2. Hickman v. Comm'rUnited States Tax Court · 1958
  3. Benjamin v. HoeyCourt of Appeals for the Second Circuit · 1944
  4. Sherwood v. CommissionerUnited States Tax Court · 1953
  5. Daehler v. CommissionerUnited States Tax Court · 1959

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