Legal Opinion

Reading v. Commissioner

United States Tax Court

Decided August 21, 1978No. Docket No. 2178-77Published

Petitioners claimed deductions from gross income as defined in the 1954 Code for their personal, living, and family expenditures. They assert that their true income from the sale of labor cannot be determined until their investment in that labor has been recovered. Held: The entire amount received from the sale of one's services constitutes income within the meaning of the Sixteenth Amendment. Sec. 262 is not unconstitutional.

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Petitioners claimed deductions from gross income as defined in the 1954 Code for their personal, living, and family expenditures. They assert that their true income from the sale of labor cannot be determined until their investment in that labor has been recovered. Held: The entire amount received from the sale of one's services constitutes income within the meaning of the Sixteenth Amendment. Sec. 262 is not unconstitutional. Held, further, petitioners have failed to advance any reason evidencing constitutional infirmity with secs. 1401 and 1402.

1Opinion of the Court

William H. Reading and Beverly S. Reading, Petitioners v. Commissioner of Internal Revenue, Respondent

Reading v. Commissioner

Docket No. 2178-77

United States Tax Court

70 T.C. 730; 1978 U.S. Tax Ct. LEXIS 73;

August 21, 1978, Filed

Decision will be entered under Rule 155.

Petitioners claimed deductions from gross income as defined in the 1954 Code for their personal, living, and family expenditures. They assert that their true income from the sale of labor cannot be determined until their investment in that labor has been recovered. Held: The entire amount received from the sale of one's services…

2Cases cited24 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  3. Steward MacHine Co. v. DavisSupreme Court of the United States · 1937
  4. United States v. GilmoreSupreme Court of the United States · 1963
  5. United States v. Kirby Lumber CoSupreme Court of the United States · 1931

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