All Americas Trading Corp. v. Commissioner
United States Tax Court
Where an individual, the purchasing agent and nominal president of the petitioner, received the amounts in question under a claim of right from the petitioner's suppliers during the tax years involved, and these kickback payments, among other items, were the subject of contested State court proceedings between the petitioner and the individual, resulting in a judgment in a subsequent year in favor of the petitioner, held, the amounts in question did not constitute accruable…
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Where an individual, the purchasing agent and nominal president of the petitioner, received the amounts in question under a claim of right from the petitioner's suppliers during the tax years involved, and these kickback payments, among other items, were the subject of contested State court proceedings between the petitioner and the individual, resulting in a judgment in a subsequent year in favor of the petitioner, held, the amounts in question did not constitute accruable income to the petitioner during the tax years in question.
1Opinion of the Court
All Americas Trading Corporation, Petitioner, v. Commissioner of Internal Revenue, Respondent
All Americas Trading Corp. v. Commissioner
Docket Nos. 43712, 63567
United States Tax Court
29 T.C. 908; 1958 U.S. Tax Ct. LEXIS 254;
February 19, 1958, Filed
Decisions will be entered for the petitioner.
Where an individual, the purchasing agent and nominal president of the petitioner, received the amounts in question under a claim of right from the petitioner's suppliers during the tax years involved, and these kickback payments, among other items, were the subject of contested State court proceedings…
2Cases cited11 opinions
- Healy v. CommissionerSupreme Court of the United States · 1953
- United Mercantile Agencies, Inc. v. CommissionerUnited States Tax Court · 1955
- F. W. Drybrough v. Commissioner of Internal Revenue, L. N. Simpson v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1956
- Currier v. United StatesCourt of Appeals for the First Circuit · 1948
- United Dressed Beef Co. v. CommissionerUnited States Tax Court · 1955
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