Essex Constr. Co. v. Commissioner (A)
United States Tax Court
1. Income from Government construction contract awarded to petitioner and assigned by it to its president, held, on facts taxable to petitioner as income earned by it. 2. Payment to petitioner's president by architect employed to work on contract held not taxable to petitioner.
1Opinion of the Court
OPINION.
Opper, Judge:
There are two possible views of petitioner’s relation to the Government construction contract which it subsequently assigned to its president and the profit on which respondent is seeking to attribute to it. The one approach is to consider that its interest in the future profits was completely earned, as far as petitioner was concerned, from the instant the contracts were executed. The theory of this would be that its function had been to make the preliminary surveys, enter a bid, and receive the award of the contract, all of which it had already performed. Due to the…
2Cases cited5 opinions
- Lucas v. EarlSupreme Court of the United States · 1930
- Helvering v. EubankSupreme Court of the United States · 1941
- United States v. Joliet & Chicago RailroadSupreme Court of the United States · 1942
- Farr v. CommissionerUnited States Tax Court · 1948
- Rogers v. CommissionerUnited States Tax Court · 1948
3Cited by12 opinions
- Nat Harrison Assoc., Inc. v. CommissionerUnited States Tax Court · 1964
- Stein v. CommissionerUnited States Tax Court · 1956
- United Dressed Beef Co. v. CommissionerUnited States Tax Court · 1955
- Crowley v. CommissionerUnited States Tax Court · 1960
- Miller-Smith Hosiery Mills v. CommissionerUnited States Tax Court · 1954
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