Legal Opinion

Gem Jewelry Co. v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided January 27, 1948No. 12010PublishedCited by 28 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This appeal involves income and excess profits taxes for the fiscal year that ended July 31, 1941. Two questions are presented: (1) Whether the Tax Court erred in sustaining the Commissioner’s determination as to the deductions allowable as compensation for services of certain officers of the petitioner 1 ; and (2) whether said court erred in sustaining the Commissioner’s determination that the petitioner was not entitled to include in its equity invested capital the sum of $30,000, allegedly contributed as paid-in surplus. The evidence before the Tax Court consisted of…

2Cases cited3 opinions

  1. Avery v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1927
  2. Stiles v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1934
  3. Crescent Bed Co. v. CommissionerCourt of Appeals for the Fifth Circuit · 1943

3Cited by28 opinions

  1. Heil Beauty Supplies, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1952
  2. Potter Electric Signal and Manufacturing Company, a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
  3. Leedy-Glover Realty & Insurance Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950
  4. Jones Brothers Bakery, Inc. v. The United StatesUnited States Court of Claims · 1969
  5. Bringwald, Inc. v. United StatesUnited States Court of Claims · 1964

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